• Eviction of daughter from house

I am a 70 Muslim woman living in Delhi. My husband owned an apartment in Delhi where I lived with him along with my 3 children. Upon his death about 25 years ago, all my three children, who were adults over 18 years of age at that time, signed release on stamped papers relinquishing their share of the property. I then registered the property in my name. Subsequently, two of my children got married and moved to their own houses, while one of my daughters continued to live with me. Upon her marriage about 20 years ago, her husband moved in with us and continues to live with me along with my daughter and their 3 children.
 
My daughter and son-in-law own a separate fully furnished apartment, which they use on weekends and to entertain guests.
 
Gradually the behaviour of my daughter and son-in-law has changed over the years. Especially since the last 10 years, I have been put to great physical and mental hardship by my daughter and my son-in-law who refuse to take care of me. I am diabetic patient suffering from osteoarthritis and heart ailments, but have been forced to cook my own meals and take care of all my requirements myself. The upkeep and maintenance of the house is also being done by me since my daughter and son-in-law refuse to share in any part of the upkeep. My daughter also has a teenaged child who is mentally challenged, and who is extremely difficult to manage when both my daughter and son-in-law are away from home. This causes me great physical and mental stress.
 
Is there a legal recourse available to me to make my daughter and her family vacate the apartment so I can regain my mental and physical comfort and peace?

What legal recourse does my daughter have which will prevent me from asking her to move out from my apartment?
Asked 4 years ago in Civil Law

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14 Answers

Yes since your are senior citizen you can file a complaint with senior citizen welfare and maintenance tribunal for eviction of daughter and son in law from the house along with that you can seek maintenance and medical expenses from.them.

On complaint a speedy action is taken and the matter is disposed by the tribunal also in delhi you can complaint to authority SDM / DM nominated for eviction in delhi under senior citizen maintenance and welfare act for eviction.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) Yes, you can directly ask to your daughter and son-in-laws to vacate your apartment ASAP. If still they are not listening to you, than you can take help of your sons.

2) Than also they are not listening to you and your son. Than you can make complaints against them for vacate the house and charged them against alimony for maintenance. Because she is not taking care of you in this old days.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

If the house property is on your name with the registered title document standing on your name, you may ask her to vacate the premises, if she does not listen, you may first issue a legal notice or can even directly file a suit for ejecting her from the property since she is an unauthorised occupier as per the relevant property documetns in your possession.

She may come out with her defence stating that this property belonged to her decesed father and she has a right to live there etc., but you can very well produce the registered title document in your possession to prove your title and enjoyment

You may have to file a suit for ejecting her from the property and evicting her because she is not a tenant.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

1. It's unfortunate to come across such situations where children make their patents lives miserable

2. Yes you have a legal recourse. You can apply to the tribunal constituted under the Maintenance and Welfare of Senior Citizens Act

3. You have to make an application in the prescribed form to the tribunal for grant of maintenance from your daughter or other children

4. Secondly the flat is your own property. You can ask your daughter and her family to vacate. As it is even if they continue to live with you, it won't be of any help to you, considering your daughter's and your son in law attitude.

5. Bear in mind you can ask them to leave the premises without prejudicing your right to claim maintenance from your daughter and other children under the above stated act.

6. If they refuse to vacate then you can also approach the police by filing a complaint. Police gives priority to grievances of senior citizens.

7. Your daughter has no legal right over your property in your lifetime. She can't sat that legally you cannot require her to vacate the flat. Her right in the flat will arise only after your demise as a legal heir. So nothing stops you from asking her to leave and your daughter would have no legal defense against the same.

Yusuf Rampurawala
Advocate, Mumbai
6882 Answers
79 Consultations

5.0 on 5.0

No one can live in your house without your permission.

Just tell them to leave the house and if not you may call police to get your house vacated.

You can move a petition in the HIGH COURT to get the direction for the eviction by a mendamus writ petition.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

You will have to file a suit for ejectment against your daughter, if you want to take legal recourse to make your daughter, son-in law and your grand children vacate the property which is in your name. You can also file a police complaint against your daughter. Legally, they cannot claim right of residence

You can also claim maintenance from your daughter under the Maintenance and Welfare of Senior Citizens Act, 2007.

In the Delhi Maintenance and Welfare of Parents and Senior Citizens Rules, 2009, after sub- rule (2) of rule 22, a senior citizen may make an application before the Dy. Commissioner/District Magistrate(DM) of his district for eviction of his son and daughter or legal heir from his self acquired property on account of his non maintenance and ill-treatment.

Regards,

Siddharth Jain, Advocate

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

File suit and seek court orders to direct daughter and son in law to vacate portion of house in their possession

2) also seek permanent injunction restraining them from disturbing your possession of the house

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

Firstly, please take care of yourself as good as you can Mam.

Secondly, yes you have a option to go for the action for the welfare and safety of the sinior citizen.

Thirdly, you can also go for domestic violance, and ask for their eviction from the house.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

Hello,

Yes if the property is in your name then you can file a suit of injunction thereupon asking the court to pass a direction they they leave your premises.

Get in touch with a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

DEAR MADAM,

You may take shelter under the following Act which has empowered the officers to adopt summary procedure and extend all comforts to you.

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http://socialjustice.nic.in/UserView/PrintUserView?mid=52569

The Maintenance and Welfare of Parents and Senior Citizens Act 2007

What are the important features of the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 envisages providing need based maintenance to the parents/grand parents from their children. Tribunals will be set up for the purpose of settling the maintenance claims of the parents in a time bound manner. Lawyers are barred from participating in the proceedings of the Tribunals at any stage.

The Maintenance and Welfare of Parents and Senior Citizens Act 2007 also contains enabling provisions like protection of life and property of senior citizens, better medical facilities, setting up of old age homes in every district, etc.

What is the applicability of the Act?

Ans. The Act extends to the whole of India except the State of Jammu and Kashmir and it applies also to citizens of India outside India (Section 1(2)).

When will the Act come into force in the States?

Ans. The Act come into force in a State on such date as the State Government may, by notification in the Official Gazette, appoint (Section 1(3)).

What is the definition of Child/children under the Act?

Ans. The Act defines "children" as son, daughter, grandson and granddaughter who are not minor.

What is the definition of Maintenance under the Act?

Ans. The "Maintenance" includes provision for food, clothing, residence and medical attendance and treatment.

What is the definition of a Senior Citizen under the Act?

Ans. A "senior citizen" means any person being a citizen of India, who has attained the age of sixty years or above.

Who are eligible for claiming maintenance under the provisions of the Act?

Ans. The Act provides that a senior citizen including parent who is unable to maintain himself from his own earning or out of the property owned by him, shall be entitled to make an application for claiming maintenance.

Whether a person other the claimant can file application on his/her behalf?

Ans. An application for maintenance may be made:-

a. by a senior citizen or a parent, as the case may be; or

b. if he is incapable, by any other person or organization authorized by him; or

c. the Tribunal may take cognizance suo motu.

Whether there is any provision for the Tribunal to order subsistence allowance to the claimant during the proceedings?

Ans. The Tribunal may, during the pendency of the proceeding regarding monthly allowance for the maintenance under this section, order such children or relative to make a monthly allowance for the interim maintenance of such senior citizen including parent and to pay the same to such senior citizen including parent as the Tribunal may from time to time direct.

What is the time limit for disposing an application for claiming maintenance?

Ans. An application filed under subsection (2) of Section 5 for the monthly allowance for the maintenance and expenses for proceeding shall be disposed of within ninety days from the date of the service of notice of the application to such person. However, the Tribunal may extend the said period, once for a maximum period of thirty days in exceptional circumstances for reasons to be recorded in writing.

What is the monitoring mechanism for implementation of the Act by the States?

Ans. The Act has been enacted in pursuance of the provisions of Article 41 read with Entry 23 of the Concurrent List (Schedule VII) of the Constitution of India. State Governments are required to notify the Act and frame Rules for implementing the provisions of the Act. However, Section 30 of the Act enables the Central Government to give directions to State Governments for carrying into execution of the provisions of the Act. Further, Section 31 of the Act provides for periodic review and monitoring of the progress of implementation of the Act by the State Governments. The Ministry will act in accordance with these provisions to ensure effective implementation of the provisions of the Act by the States.

Has any timeframe has been prescribed for setting up of Tribunals by the States?

Ans. The State Government are required to constitute for each Subdivision one or more Tribunals as per the need within a period of six months from the date of the commencement of this Act.

What is the effect of the order of maintenance?

Ans. A maintenance order made under this Act shall have the same force and effect as an order passed under Chapter IX of the Code of Criminal Procedure, 1973 and shall be executed in the manner prescribed for the execution of such order by that Code.

Who can appeal to the appellate Authority under the Act?

Ans. Any senior citizen or a parent, as the case may be, aggrieved by an order of a Tribunal may, within sixty days from the date of the order, prefer an appeal to the Appellate Tribunal.

What is the time limit for an appellate authority to dispose of the appeal?

Ans. The Appellate Tribunal is required to make endeavours to pronounce its order in writing within one month of the receipt of an appeal.

Is there any penal provision for enforcement of maintenance order of the Tribunal?

Ans. Yes, the Maintenance Order given by the Tribunal will have the same effect as the maintenance order passed under Section 125 of Cr. PC. This will include imprisonment upto One month and also issue a warrant for levying the amount due in the manner provided for levying fines.

What are the provisions about revocation of will?

Ans. As per the provision of Act, a senior citizen can seek to revoke any property, which has been transferred in favour of children/relative on the condition that such children/relative would provide maintenance to him but are not providing the same. The tribunals are empowered to declare such transfers as void on the applications of such parent.

Is any penalty/imprisonment is for the children who abandon their parents?

Ans. Yes, the Maintenance and Welfare of Parents and Senior Citizens Act 2007 contains penal provisions to discourage abandonment of parents by their children by imprisonment for a term of 3 months and a fine upto Rs. 5000/or both on the children.

What are the similarities between Cr. PC 125 and the Maintenance and Welfare of Parents and Senior Citizens Act 2007?

Ans. A parent can claim maintenance in the prescribed manner either from the Court under Cr. PC 125 or from the Tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, if he or she is unable to maintain himself or herself. The penal provisions for enforcement of orders of maintenance under Cr.PC /Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007 are similar.

What are the provisions for medical care of senior citizens provided in the Act?

Ans. The Act provides that State Government shall ensure that, the Government hospitals or hospitals funded fully or partially by the Government shall provide beds for all senior citizens as far as possible; separate queues be arranged for senior citizens; facility for treatment of chronic, terminal and degenerative diseases is expanded for senior citizens; research activities for chronic elderly diseases and ageing is expanded; there are earmarked facilities for geriatric patients in every district hospital duly headed by a medical officer with experience in geriatric care.

What are the provisions for protection of life and property of senior citizen provided in the Act?

Ans. The Act requires the Central Government and State Government Officers, including the police officers and the members of the judicial service, are given periodic sensitization and awareness training on the issues relating to this Act. Further, the State Government shall prescribe a comprehensive action plan for providing protection of lifeand property of senior citizens.

What are the provisions for prevention of abandonment of senior citizen provided in the Act?

Ans. The Act provides that whoever, having the care or protection of senior citizen leaves, such senior citizen in any place with the intention of wholly abandoning such senior citizen, shall be punishable with imprisonment of either description for a term which may extend to three months or fine which may extend to five thousand rupees or with both.

What is the monitoring mechanism for implementation of the provisions of the Act by the States?

Ans. The Central Government may make periodic review and monitor the progress of the implementation of the provisions of this Act by the State Governments.

National Policy on Older Persons

What are the salient features of National Policy on Older Persons?

Ans. The Government has formulated the National Policy on Older Persons, which was announced in the year 1999 covering all aspects concerning older persons. The salient features of the National Policy are as under:

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YOU MAY PLEASE CALL THE FOLLOWING OFFICE FOR MORE DETAILS

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Senior Citizens Council of Delhi

Dedicated to the service of senior citizens, to enable them

to live an independent life of respect, autonomy and dignity.

Senior Citizens Council of Delhi is a registered body since 2007, representing senior citizens all over Delhi duly associated with the Ministry of Social Justice & Empowerment, Govt of India, Social Welfare Department of Delhi Govt, I.C.C.R and Senior Citizens Cell of Delhi Police.

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Senior Citizens Council

B-2/73-B

Safdarjung Enclave

New Delhi

110029

India

Phone: +[deleted]

Email: [deleted]

NINE EIGHT ONE ZERO FOUR EITHT EIGHT ZERO FIVE NINE

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Dear Querist

You should immediately file a criminal complaint against them before the Magistrate Court under section 12 of The Protection of Women From Domestic Violence Act-2005 and claim protection order(in which the Magistrate has empowered to passed an eviction order too). Residence order, monetary relief, and compensation as per section 18,19,20 & 22 of the Act-2005.

Apart from the above, you may also file an application cum complaint before the DM/SDM under the Senior Citizen Maintenance and Welfare act-2007

Feel Free to Call

Nadeem Qureshi
Advocate, New Delhi
6220 Answers
302 Consultations

4.9 on 5.0

1. If the married Daughter (& Husband) owns their own House, THEN a eviction proceedings can be filed in Court restraining the Daughter & Family from entering your own House. BUT because of your gross ill-health, you should also introspect the problem from your social and security angle too, wherein you would be alone (at this age) in the house.

2. IF the married Daughter has eyes on your property, THEN you can consider making a will and bequeathing your property to other your childrens/ Trust /Charity or whatever. This will off-set their greed.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Dear Client,

File eviction application under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007,

refer Judgements below.

Maintenance Tribunal Can Order Eviction Of Adult Children In Cases Of Parental Abuse: Delhi HC [Read Judgment]...

Read more at: http://www.livelaw.in/maintenance-tribunal-can-order-eviction-adult-children-cases-parental-abuse-delhi-hc/

Son Has No Legal Claim On Parents’ House, Can Stay Only Till They Allow: Delhi HC [Read Judgment]...

Same apply to married daughter and her husband.

Read more at: http://www.livelaw.in/son-no-legal-claim-parents-house-can-stay-till-allow-delhi-hc/

Maintenance Tribunal Empowered To Order Eviction Of Legal Heir If Parents Are Ill-Treated: Delhi HC [Read Judgment]...

Read more at: http://www.livelaw.in/maintenance-tribunal-empowered-order-eviction-legal-heir-parents-ill-treated-delhi-hc-read-judgment/

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The Hon'ble Supreme Court of India has given a very clear judgment that parents can anytime ask their wards (children) to vacate their respective house if the parents do not want their child to live with them.

All you have to do is to bring a civil suit in whose local jurisdiction this property falls asking the Hon'ble Court to ask your daughter and her family to vacate your house.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

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