Dear Sir, I am 34 years old male living in Delhi. I stay with my wife, 2 daughters and father in our Builder Floor House which is owned by my Father. My mother passed away last year. My father has been a problem throughout for all of us. His track-record is bad. He had debts which we all repaid on his behalf. He even had an extra-marital relationship before. So far, I have fulfilled all my duties towards him as a son. Now, he is planning to get re-married. He is threatening me to vacate the House so that either he can sell it or give it on rent to some tenant. He plans to stay with his wife in her House. For the last 10 years, I am meeting all the House expenses like taxes, bills, repair & renovation expenses, etc. His contribution has been zero towards any expenditure. Most of the articles in the House belongs to me & my wife. Moreover, this house where we live was purchased from the money that my Grandfather gave to my Father after selling-off his joint family house. He harasses us by threatening Police action or forcibly throwing me and my family out of the house. My wife is a Govt. School Teacher. My daughters are 2 and 7 years old. I work in the Private Sector. I want to continue staying in this House. Is there any way I can stop my father from renting or selling this House? What if I refuse to vacate the House? Do I as his son or my wife as his daughter-in-law have any right / say in his Property? Can I take a Stay Order from the Court on any ground? Please help me. I am very tense. Thanks.
Asked in Family Law from Abhishek, Delhi
1) if you refuse to vacate the house your father will take out eviction proceedings .
2) since your father is absolute owner of property you have no rights on the said house during his lifetime
3) judicial proceedings take time .
4) you wont get stay but suit may take some years to be disposed of
In your case, you could either file for partition asking your father to give your share of property. Is the registration of the house in the name of your father?? If yes, then this property is his self acquired property and if you do not leave the house then he may start eviction proceedings against your but then he would have to show the need etc for evicting you from the house.
Being a lawyer, I wouldn't suggest you to leave your father or trouble him for the money which you have spent on the taxes etc. However, it would be advisable that you sit and ask him not to harass you for vacating the house since you have spent on the maintenance of this house. The amount of maintenance spent by you can be claimed if your father forces you to leave the house.
The Judicial proceedings will take a lot of time. Stay Order can be obtained by showing that you have a legal right over the property and since you have maintained the property by paying taxes etc as your father has been negligent. similar grounds could be taken stating that you have no other residential property etc.
Your father is absolute owner of the property and entitle to enjoy it the way he likes. It is unfortunate that he is on wrong path. Differences could be sorted out by counselling but legally you don't have a case.
Advocate, New Delhi
1. Legally speaking, your father is at liberty to sell the house at his sweet will as he is the absolute owner thereof. You need the permission of your father to even live in his house. He can file a suit for eviction to evict you from the house if you refuse to vacate it. A daughter-in-law has no share in the property of her father-in-law.
2. The only ray of hope that I see for you is that you can seek a stay order on the ground that since the property was purchased by your father from the funds which were given to him by his father from the sale of joint family property, your father cannot claim the absolute ownership of the property. There is no other legal recourse available to you.
you may file a civil suit for partition before civil court on behalf of the expesses beared by you in renovation and other expenses along with an application of injunction under Order 39 rule 1 & 2 of CPC.
you may file a civil suit for recovery too before civil court.
your wife may file a domestic violence case against him if there is any domestic violence committed by your father against her and claim protection along with the residence order.
Your father may file a civil suit for eviction against you before civil court which takes more then years to decide.
if you proved that this property is owned by your father with the joint family amount then you may claim the share otherwise no, because he is the absolute owner of the property so he has all rights to transfer, sell or rent the property.
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Advocate, New Delhi
Thanks for the informative answers. In case I get a Stay Order on any ground or we fight a eviction suit, for how long will this go on? I dont mind losing the case. I am just trying to drag on and buy time. Appreciate your advice.
Asked 2 years ago
Civil proceedings take time to reach a logical conclusion. Nobody can foretell the exact time duration within which your case may be decided by the court, but if your question is Delhi specific then on the basis of my experience I would say it may tentatively take up to 2-3 years.
Civil suit, especially suit for eviction is a very long drawn process which takes at least 10 years in WB.
civil suit may take 10 years to be disposed of . it depends upon pendency of cases in court wherein suit is filed
there is no time frame as regards disposal of the civil suit. It depends from case to case. at times it finishes within 3 years or it may stretch beyond 5 years as well.
1. Your father is the absolute owner of the house,
2. He can do whatever he wishes to do with his house legally for which you have no say legally,
3. He can file an eviction suit to evict you,
4. His second marriage also can not be legally stopped by you.
1. You have one way out,
2. Refuse to vacate the house if he insists,
3. Contest the eviction suit filed by you, if any,
4. File an application under Order 39 Rule 1 & 2 praying for injunction restraining your father in forcibly evicting you before the eviction suit is disposed of,
5. The eviction suit will take years to be disposed of.
File a civil suit and asking for an injunction , move an for an application for interim-injunction . if it is granted then go on with the main case.
2. You have a 30 % of the chance to get an injunction due to the tow reasons as the house was purchased by the father with the share of ancestral property and secondly you have spent money on maintaining the house and you have been living there for many years, your wife has the right to reside in her matrimonial home as at present it is her matrimonial home.
3. As you are well aware the property belongs to your father and he is alive so he can disperse it as he wishes, however your effect should be to use all possible legal angles to fight and stay back. So any available options under civil law are to be made use to stop him.hence filing an injunction under Order 39 rule 1 & 2 of CPC is advisable. To get an interim injunction you should try.
It may be take more then one year, it may be 2-10 years, if fighting till the SC
Advocate, New Delhi