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mausam jana   01 March 2026

Legal advice required regarding my father’s stay, harassment & property rights .

Subject: Legal Advice Required Regarding My Father’s Stay, Harassment & Property Rights I am seeking legal advice regarding my father’s continued stay in my self-acquired property and the severe mental, emotional, and financial stress caused to my family due to his conduct. 1. Background My father has been largely absent from our lives for the past 13 years. During this time, he lived in West Bengal with relatives and only visited Ahmedabad occasionally for bank-related work. He shifted all his identity documents and records to West Bengal without informing us. He has never financially supported my mother or our household during these years. 2. Medical History & Financial Contribution In 2020, during a visit to Ahmedabad, he suffered a stroke. We arranged immediate medical care and a pacemaker implantation. I personally contributed approximately ₹1,00,000 toward his treatment. Recently, he was again hospitalized due to severe anemia (hemoglobin dropped to 6). We bore the responsibility of hospital visits, tests, coordination, and caregiving. Though he initially agreed to reimburse medical expenses, he later accused us of producing fake bills and overcharging. He has no medical insurance. We are not financially dependent on him and have not taken any of his money. 3. Current Behavioral Concerns He frequently leaves the house without informing anyone, does not answer calls, and has gotten lost multiple times. Strangers have called us three times to help him return home. He refuses to take medicines properly and forgets prescripttions, doctor names, and medical instructions. He verbally abuses my mother. He accuses us of theft when he misplaces items. He refuses to cooperate in sharing medical or financial details necessary for his own care. Despite memory issues in general matters, he is fully aware of his bank balances and finances. His conduct has created constant stress, fear, and disturbance in our household. 4. Property Details The flat is fully self-acquired and paid for by me. The property is under my ownership. My father currently holds Power of Attorney (which I am considering revoking). His name is written on the nameplate only as a gesture of respect as a senior family member. He is currently residing in my house. 5. Attempts at Amicable Resolution We suggested that he consider moving to a well-maintained ashram in West Bengal where he could live peacefully and manage his finances independently. We offered him time and assistance to arrange this. Instead, he threatened that if we ask him to leave, he will gather people and claim we have forcibly evicted a senior citizen. He refuses to leave, citing that his name is displayed on the house nameplate. He continues to live here without contributing financially and while causing daily disruption. 6. Our Position We do not want his money or property. We do not wish to claim any financial benefit from him. We only want him to live separately and independently. I have informed him that after his current treatment, he must arrange alternate accommodation within one month. I am married and planning to sell the property for my own needs. His continued stay is affecting our mental peace and family life. 7. Legal Guidance Requested We seek advice on: How to legally require him to vacate my self-acquired property. Whether his status as a senior citizen gives him automatic rights over my property. Steps to protect ourselves if he falsely accuses us of harassment or illegal eviction. Revocation of Power of Attorney. Whether a medical/psychiatric evaluation can be legally mandated considering his memory lapses and erratic behavior. Legal notice format to formally ask him to vacate within a specified time. Protection remedies available for emotional harassment and verbal abuse within the household. How to proceed if he refuses to leave after notice.


 4 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     01 March 2026

You complain at the police station that your father is suffering from mental problems and not to take any action if he complains with helath problems by consulting an advocate. But he is a senior citizen and your natural father, please take him to a psychiatrist and other doctors for any other problems and give him a pleasant atmosphere for his health.  Your advocate will guide you to sell your property in a legal way.

T. Kalaiselvan, Advocate (Advocate)     01 March 2026

You have mentioned multiple issues but none of them are legally maintainable because as per your version, your father has not committed any offence except that he is suffering from memory issues and ill health conditions.

You can revoke the power of attorney deed granted to him and also remove his name board from your house property.

If you want to place your father in any home, you can very well ask him to choose one of his choice and proceed accordingly.

Frequently missing out of your home that too for days together is not any act of harassment, he is suffering from mental illness hence you have to take steps to treat him.

If you feel that he is an unwanted person at your home but he is refusing to vacate then you can take legal steps to evict him by consulting a local lawyer.

Dr. J C Vashista (Advocate )     02 March 2026

Revoke the Power of Attorney.

Remove his (your father's) name plate from your home and replace it with your / your husband's name plate. 

Ask him to seek alternative arragement for residential home and sell it to prospective buyer, you are absolute owner and entitled for the same. 

Get your name endorsed as his nominee if you are unable / uwilling to take over his accounts / pass-book/ finances etc. 

Send him to old-age home / psychiaratic care-home as required.

It would be better to consult a local  prudent lawyer for proper analyses of facts, professional advise and necessary proceeding.

P. Venu (Advocate)     04 March 2026

May be these are all age related problems. The issues need to be handled on their own merits independent of allegedly unpleasant past incidents.


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