• Shares in my self acquired property

I have a flat bought by me in mumbai. now since last 4 years i and my wife are living at my native UP.
i have 2 sons. one is living with me in UP and another son who is in indian coast gaurd living in my mumbai's
flat. and they are not giving any rent from last 4 yrs.
now i have said him to leave my flat because we want to give it on rent to somebody else for life living.but he is not 

ready to leave the flat.in this case what should i do with them.
Can he get any kind of share from my self acquired property if i dont want?
Can i transfer my flats to my younger sons name if i want?
Kindly advise me I am very helpless.

Awaiting your valuable response.

Thanks

Santosh
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
you are absolute owner of flat .you can bequeath flat to whom soever you desire . if your son refuses to vacate flat issue legal notice and if inspite of notice he fails to vacate file suit for eviction against him .
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
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not more than   2 days . you can send notice by regd post AD . even if he refuses to accept it is valid service . 

you are right . you cannot create third party rights on flat for 10 years . but you can make a will   bequeathing flat to your younger son absolutely
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
thanks for your appreciation
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
The flat has been purchased by you out of your own hard earned money without any financial contribution made by any of yours sons. It therefore follows that you are the legal owner of this property with absolute rights thereon. You are the master of this property and alone can decide who will reside in the flat. Neither of your sons has the right to even reside in your flat except without your permission.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
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If he does not leave the flat on his own accord then issue a lawyer's notice to him asking him to vacate the flat. If he does not vacate even after a lawyer's notice then file a case for eviction in court whereby court will order him to leave. He cannot claim any share in the flat.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
Legal notice will have to be issued by your lawyer. Once you engage a lawyer it will take not more than a day or two for him to issue the notice. 

It is true that you cannot transfer the flat for 10 years, but this does not prevent you from making a will in favour of your younger brother.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0
You are the absolute owner of the flat and nobody can restrain you to sell it transfer it or do what  you want.
Nadeem Qureshi
Advocate, New Delhi
3537 Answers
130 Consultations
4.9 on 5.0
You are the absolute owner of the flat
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Hi, you become the absolute owner of the property, you can issue notice for eviction and then proceeds for eviction.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
you can issue legal notice to your son . file suit for eviction if you so desire . your son has no legal rights on said flat
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
thanks for your appreciation . contact a local lawyer and issue legal notice to your son for evicting your flat
Ajay Sethi
Advocate, Mumbai
23370 Answers
1224 Consultations
5.0 on 5.0
my pleasure
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
3.5 on 5.0
Issue a lawyer's notice to your son to leave the flat. If he does not comply with it then move to court for his eviction.
Ashish Davessar
Advocate, Jaipur
18183 Answers
449 Consultations
5.0 on 5.0

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