• How can a father legally ban/restrict son from personal property without disowning him !!!

Hello, I wanted to ask the legal procedure for a father to legally ban/restrict permanently his son, his son's wife and his children from father's own personal property. Father doesn't like the behavior of his son so how can he legally take some action if his son or his family enters his house forcelly.
What is the legal procedure to ban him from entering his personal property ever in life but without disowning the son.
Please suggest what kind of legal papers to be made in this particular case !!!
Asked 6 years ago in Property Law
Religion: Sikh

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12 Answers

Seek interim injunction and eviction order from the civil court against sons family. Delhi high court has held that son and family can reside in parents property only on there mercy has no right.

File a suit before civil court for there eviction seek order of restraint them from entering in the property.

If parents are senior citizen(any parent) that is above 60 then they can directly file before senior citizen welfare maintenance tribunal and seek injection against son and can ask maimtaince from them. The tribunal disposal is fast they have to settle dispute fast.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Sir, the property belongs to you, so if he is harassing you then file a criminal complain agasint him.

Then, If police doesn’t do any thing then file a complain before the DCP then to Mazistrate he will register the same and ask the police to let your son away from you.

I am advising for this as he won’t be stopped otherwise.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

Firstly can serve son a legal notice for same purspose.

Secondly father can put a board outside house restraing entry. And specifically mentioning that any unauthorized person including son if enter property shall be tress passer and shall be prosecuted.

Thirdly father can take permanent restraing order against son and family to ban there entery from premises. If son after that enters he shall be prosecuted for contempt of court.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. There is no requirement to disown the son if you are the owner of your self acquired property.

2. So to avoid your son or other legal heirs from inheriting your property on your death you can give the property to anyone you wish during his lifetime.

3. If during your lifetime you do not wish to gift the property to person of your choice then you can make a registered Will in favour of your personal choice.

4. During your lifetime no one can claim share in your self acquired property. Daughter in law though can not inherit your property on your death in any circumstances.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

father should file suit seek an injunction restraining son , daughter in law from disturbing his possession of the house

2) since it is father self acquired property court would grant father an injunction restraining son , DIL from disturbing his possession

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

it is not necessary for father to disown son

2) father can seek restraint order from court as advised herein above

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

father should install CCTV cameras in house

seek court orders as advised herein above

father can also execute will in respect of his property if he so desires

Ajay Sethi
Advocate, Mumbai
94692 Answers
7527 Consultations

5.0 on 5.0

1. A "restraining order" can be obtained from Court, directing the Son, not to enter the fathers house. The order can be obtained by giving justifiable grounds (violence, harassment ....)

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

A son has no right to interfere in the self acquired property by his father. If he enters the premises without permission of the owner then he commits a tress pass which in punishable in law. A police complaint can be filed in such cases. However because the relation is such that a father would not involve his son in a criminal case. I think best solution would be to take a restraint order from the court by filing a suit of permanent injunction.

H. S. Thukral
Advocate, New Delhi
620 Answers
204 Consultations

5.0 on 5.0

First of all, there is no provisions in any law for disowning the blood relationships.

Who guided you about the concept of disowning of his son by the father ?

If the property is his own and absolute then the father has full rights to restrict not only his son, but anyone to enter into the property by all means.

If he feels that somebody is entering into his property illegally and forcibly then he can lodge a criminal complaint for trespass offence

There is nothing that the son can legally fight about it when the father is not allowing him inside his own property.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

There is no question of disowning the son as per law.

The father can lodge a criminal complaint against the son who is disturbing him by frequently visiting the house for the offences of nuisance and trespass.

Alternately he can file a mandatory injunction suit seeking to restrain his son from interfering in the possession and enjoyment of his property, this is civil remedy.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

Actually the main reason I am asking above question about legal papers in this case that can be made against son because father is going out abroad to another son for almost a year or so. He is scared that son in india will forcefully acquire this property in his absence. His son has evil eye on this property.

A permanent injunction suit would be a better option under this situation.

Any other arrangement may not control the son who may not be law abiding citizen.

Even if the premises is let out on rent or lease, he may disturb the tenants and even may force them to vacate and occupy the property, hence the injunction suit shall be the better option.

T Kalaiselvan
Advocate, Vellore
84893 Answers
2190 Consultations

5.0 on 5.0

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