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MS (CEO)     11 October 2013

Lease of property

We are an aged couple residing in mumbai. I am 70 and my wife is 66. The house we all reside is in my wife's name. It is a self acquired property in 1985. We stay with my sons, their wives and grandson. My elder son had filed a petition seeking divorce in mumbai family court 2.5 years back, on grounds of desertion and cruelty. Their 20 year old marriage had soured 7 years back, and we all have witnessed mental agony and chaos since all these years. However, their case is still on as the d-i-l is not willing for divorce despite a dead marriage. Because of being fed up of daily quarrels and scenes, my wife filed a civil injunction suit against son and d-i-l asking them to evict our property. My son has moved out 1.5 years back to a rented house but occasionally comes to visit his son as our grandson is stil staying with us. the d-i-l however had shifted to a different floor in our house and has occupied it till date. she is contesting the civil injunction suit too. our d-i-l also filed a fake domestic violence case against my son and my wife(her husband & her m-i-l). Her D.V application has been accepted in family court recently now after 2 years., where she is claiming right to residence, as she is not willing to leave our property. My son has clearly stated in both courts that he is willing to offer her an alternate accommodation. She has stated very clearly to us that no matter what, she will not leave this house, and keeps getting our property evaluated by realty brokers. A lawyer and well-wishers are now suggesting that to get peace and some monthly income, we all (me, my wife, other son, his wife and grandson) shift to another flat of ours in the same compound and put this property on lease. Experts, please advise is there any possible glitch or problem that can arise from our d-i-l ? Can we enter a lease agreement and serve a notice to our d-i-l asking her to vacate our premises within 30 days or so as we have leased it out? Can we get rid of our greedy d-i-l who is not willing to go to her husband's rented house? I have been working till now, but am extremely weak and unwell now. Being senior citizens, a rental income is the only way out now. Please guide... Looking for solutions for peaceful living at this age.


 3 Replies

Advocate Rohit (Advocate)     12 October 2013

you need to send a legal notice to your son and Daughter in law asking to vacate your property and that you have disowned them. This way she would be compelled to vacate your property and live with her husband.


You may sell the property to the third party and get rid of this property. against this you may purchase a new property at another area for a peace of mind.



Advocate Rohit Dalmia


2BHelpfull (Other)     12 October 2013

as the property is self acquired by u . ur D-I-L has no right as per prevailing Law ,

she can only claim right to residence .


but as  per New Amendment which has not become law till date but soon it will become law, in that new Law that is to be enacted ,D-I-L has right in husband property i.e selfacquired property n inheritable property..



2BHelpfull (Other)     12 October 2013

Adv. Rohit has rightly advise u .

send a legal notice to your son and Daughter in law asking to vacate your property and that you have disowned them


she has no right to sell ur property . she can claim right to residence with her husband.

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