• Son not vacating the house

Dear Sir, we are retired employees. Since last few years my son and daughter-in-law are harassing us for property. They do not take care, abuse and I'll treat us. All the elder members of our community suggested him to move out of the house, but he is adamant and does not care

We approached HRC, they have directed the case to the concerned police station and directed ACP to take action. After this episode their torture has increased more

Is there any way I can legally ask my son vacate the house so that we can live in peace.  Your support is highly appreciated
Asked 2 years ago in Family Law from Hyderabad, Telangana
Religion: Hindu
1) you can move court and obtain an order directing your son and daughter in law to vacate your house . 

2) you can also move the HC to direct City Superintendent of Police to enquire into the matter in respect of  complaint filed by you and  seeking protection of life and liberty from  son and daughter in law. 

3) you can also move senior citizen tribunal and obtain order for payment of maintenance by your son 

4) you can  also make a will  wherein you  bequeath your property to whomsover you desire . mention reasons why you dont want to bequeath house to your son
Ajay Sethi
Advocate, Mumbai
26214 Answers
1425 Consultations
5.0 on 5.0
Hi, you have to file a suit for eviction before the court for vacating your premises.

2. Hi, you have to file a petition under section 125 of the Code of Criminal Procedure for maintenance as your son is failed and neglected to maintain you.
Pradeep Bharathipura
Advocate, Bangalore
4185 Answers
149 Consultations
4.3 on 5.0
1. You approached the incompetent authority for the redressal of your grievance.

2. If the property wherefrom you want to evict your son is your self acquired property then the legal recourse open to you is to move to court and file a case for his eviction. 

3. Neither the Human Rights Commission nor the police has any authority of law to remove your son. Only a court of law can order your son to vacate.

4. Since you are a senior citizen your case would get an expeditious hearing. 

5. You can claim financial support from your son by filing a case for maintenance in the court.
Ashish Davessar
Advocate, Jaipur
19256 Answers
489 Consultations
5.0 on 5.0
1. You can file suit for eviction against the son and DIL.
2. You can lodge complaint with police as well \.
3. Police hardly gives protection and then move to high court,
4. High Court is know to provide protection to such distressed parents by giving necessary direction on Police.
Devajyoti Barman
Advocate, Kolkata
6512 Answers
72 Consultations
4.9 on 5.0
Hello
1) Once your son has attained majority he has no right to stay in your house unless he is allowed to stay by you. He is liable to maintain you and write and not vice versa.

2) You can file a suit for eviction against your son and daughter in law.

3) Regardless of the directions given to the ACP and the inaction, file a fresh written complaint to the police seeking protection and illegal occupation by your son and daughter in law.

4) Apart from this you can file a maintenance petition against your son as he is liable to maintain you as you are in dependent position after your retirement.
S J Mathew
Advocate, Mumbai
1981 Answers
75 Consultations
5.0 on 5.0
1. Such cases have severally appeared before High Court,Calcutta,

2. File a police complaint against your son and daughter in law alleging their touture on you claiming transfer of title your property. You can send the complaint by Speed Post and collect the postal track report from internet,

3. Send a copy of this complaint to the S.P./D.C.,

4. If police fails to give you protection, file a Writ Petition before the High Court against police inaction and relief from the torture of your son,

5. The Court may call your son and direct him to mend his ways and also to maintain you.
Krishna Kishore Ganguly
Advocate, Kolkata
13243 Answers
281 Consultations
5.0 on 5.0

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