Legal action against family member for eviction threat
I am an adult male living with my family in a government provided quarter allotted to my father. Until recently, my father threatened me of eviction and verbally abused after a dispute over a trivial matter. I would to like to know whether it is an offense to threaten eviction of a family member or verbally abuse them and threaten to physically hurt them or not. Can I file an FIR or register a case diary against this, and if so, under what laws, provisions and/or articles? Can another family member's witness be taken into account for the purposes of examining? Also, is a written deposition of witness by neighbours acceptable? Thank you very much.
Asked 4 years ago in Criminal Law from New Delhi, Delhi
No one can stop you for making a complaint in police station,but must see whether such complaint will help you in solving your problem,as far is eviction is concerned since this house has been allotted to your father and you are adult earning member ,he has got more rights then you have
Advocate, New Delhi
This is a matter of father and son,cool down and condone him,being a adult you do not have maintenance and residence right,so any criminal case against your father does not lie.
The quarter has been provided to your father by the government. Legally speaking, you can live in the quarter only as long as your father desires to allow you to live therein. It is true that you can register a FIR for abusing and threatening you, but it is equally true that if you register a police complaint against him then he may remove you from the quarter.
Make an informed decision!
You are not respecting your father and therefore, thing have reached to such a situation that he has to threaten you to evict his Govt allotted house. It will be in your interest and also in the family's interest that you leave the house immediately or change your attitude and gain the confidence of your father.
As the house is allotted to your father you being the major has no right for residence. Respect your father and end the matter do not make the relationship strained.