• Son is not vacating my house i am senior citizen

I have a self owned property which my daughter purchased in my name. My son and wife and kids have occupied my house since 18 years and are not paying even a single penny to me as maintenance or paying society tax maintenance etc. I also have a mentally challenged daughter staying with me in the same house. My entire expenses are managed by my other daughter who has been taking care of me her entire life

. I sold this flat to Mr.shayam who paid stamp duty and registration of this flat and has got NOC after very long time from the society . The society delayed the NOC for more 2 months giving time to son and his family to file a suit for stopping the sale . He has filed a suit against my daughter saying that she is forcefully trying to sell the house by instigating me (mother) to give all money of sale to her(my daughter). 
I want to sell this flat with my own wish to Mr.Shayam and my daughter is not forcing me its my own wish. My son wants to save money and not move out of the house because he will have to pay rent outside. My son and his wife and children 17 &16 year olds are not on talking terms with me since past 15 years. I am scared for my life as my son's wife keeps threatening me after this filed suit that she will commit suicide or give me or my mentally challenged daughter poison. I just want them to leave my home immediately please help me what to do . I am 85 years old woman and I want to live peacefully rest of my life everyday .
Asked 7 years ago in Civil Law

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7 Answers

You have every right to sell your own property as per your wish .Now a case is pending before the court so better to dispose the suit immediately . So file an application for speedy disposal before that court, mentioning that you are at the age of 85 need the urgency to dispose the case .Or file a writ petition before high court for the same purpose.If you are not a party in the suit then file an impleading application in that suit. if your life has more threat from daughter in law then file a petition under Domestic Violence Act 2005 for getting a protection order .

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

1.The act of your son is disdainful and you must not sit idle to loose this proeprty.

2.First ask your wife to file a case of maintenance u/s PWDV Act.

3.In the said case she can seek right of residence in her own proeprty owned by her husband apart from getting monthly maintenance.

4. Additionally seek police help to get possession of your proeprty.

5. if you donot get then file writ petition in high court. The high court would come down heavily on your son to get the proeprty to you.

Devajyoti Barman
Advocate, Kolkata
23194 Answers
510 Consultations

1)has any interim orders been passed by court in the suit field by your son ?

2)in your reply in suit proceedings take the plea that you sold the flat out of your own accord

3) mention constant harassment faced from son and DIl

4)you are at liberty to leave the house with your daughter

5)deliver possession of house to purchaser

6) if your son , DIL dont vacate the purchaser should take out eviction proceedings

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

The suit filed for whatever the reason by your son is not maintainable in law.

You can proceed with the sale of property and get out of the house property, let the buyer take care of evicting the occupants by due process of law or by calling police.

You have full rights in the property hence you need not be worried on this.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

1) your son cannot claim compensation merely because he is staying with you fir 18 years

2) request purchaser to extend deal by 3 months

3) draw attention of court to your son behaviour

4) you can execute gift deed in favour of your daughter

5) you don't need NOC from other children if it is your self acquired property

6) better execute will and retain ownership of property during your lifetime

Ajay Sethi
Advocate, Mumbai
96769 Answers
7805 Consultations

Without a date of hearing happened yet, how do you expect the interim relief?

You should ask your advocate that whyn he did not argue properly to get an exparte interim relief at the time of filing the case?

Your son cannot legally claim any compensation even if he resides in the property for 100 years.

You can very well execute a registered gift deed in favor of your daughter if the property belongs to you and you hold marketable title to the property.

If you would like to transfer the property by a testamentary disposition i.e., will, then it can be enforced after your lifetime, but the chances that your son will bring it to dispute and it may again stretch for decades, hence transfer by a will may not be advisable.

If the buyer cancels the agreement, you may look for a new party.

T Kalaiselvan
Advocate, Vellore
86968 Answers
2334 Consultations

You have exclusive right over your own self accrued property. You can alienate the same as per your own wish.Your son has no right over the property if he is living there even more than 50 years. So you can execute a gift deed or will to anybody as per your wish. better execute a gift deed other than a will.

Ajay N S
Advocate, Ernakulam
4087 Answers
112 Consultations

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