Melvin (It) 24 September 2014

Remove uncle ( dad`s older brother ) from my house

Hi ,

My name is Melvin . i am having a flat at andheri . my dad had purchaed the said flat in the year 1986 with the money given by his mother . We ( My dad`s mom , my dad , my mom, my elder sister , myseff , and my younger brother and my uncle ) were staying at the said flat . but after a year my parents and my siblings moved out from that flat because of school admission which we were not getting at andheri . so my uncle and my grandmother stayed there . my grandmother died in 1991 . so my uncle was staying alone at our andheri flat . when my sister got married my dad told her to stay with my uncle as she was not able to adjust with her inlaws . my mom died in the year 2000 . my sisters husband was a drunker and he had all the bad habits . Now the flat was transferred to me by my dad via gift deed in 2013 . and the share certificate also has my name . My sister has moved to a rented flat last june . and she is staying there . my uncle is not married and he does not have kids and nobody to take care of him . since i am also not married i am not able to take care of him . he is about 73 years old . i shifted my uncle to a old age home but he came back saying he is not able to adjust there . i told my uncle to stay with my sister but he is not ready for that also . now he keeps on telling that the flat had been bought by his money and he keeps on giving bad words regarding my mom and my dad . he even bought a knife and tried to stab me with it . now i am feeling really scared to stay with him . Can i forcefully move him out of my house and make him stay with my sister . Because he keeps on telling that he will commit suicide , he will hang himself and he will kill me and he will go to jail . What are the legal options available for me . Pls help

Thanks

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1 Replies

Hardeep (Business) 24 September 2014

1) legally the flat is yours and it is not your responsibility to take care of your Uncle.

2) Emotionally and morally is a different matter. Try to get your Uncle evaluated medically - including psychiatric evaluation. That may give you some leads to problems and how to handle them.

3) if he threatens etc lodge an FIR / NCR which may be of use.

Try also to reach out to Old Age Societies near you, if any, for their suggestions.

Getting old in a country like India is not easy for all involved and there are no clear cut answers.A compassionate approach is required since we all will either die or grow older. Fact.

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.