• Siblings trying to Evict me from Parental property

Hi, 

I was staying with my dad & Mom. My dad has a brain hemorrhage. More than half of his brain is damaged. He does not understand anything and has a speech problem along with that too . I went out of the house and then my siblings have Brainwashed both my parents. My mom has also been hospitalized in mental hospital many times before. Both My parents are mentally immature as this point in time. At times my mom is normal and at times she behaves like lunatic. There have been disputes in past & so when i came back they have changed the locks of the house and all of them including my mon and dad are terrorizing me that if i do not leave the house then they will call police and they will throw me out . Does police have right to evict me from my parents self-occupied property ? . Can i stay there without their will because now they are fighting with me and not lettibg me stay .
Asked 1 month ago in Property Law from Thane, Maharashtra
Religion: Hindu

During parents lifetime you have no share in their self acquired property 

2) only if your parents die intestate woukd you inherit equal share in property 

 

3) you cannot stay in said flat against your parents wishes 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

your parents can file such a criminal complaint

it is their house

major adult children have no right in the parents' property till they are alive 

so you cannot stay in the house if your parents dont wish to 

Yusuf Rampurawala
Advocate, Mumbai
3186 Answers
12 Consultations

5.0 on 5.0

Dear Client,

Without their permission you cannot enter but this is not a criminal offense and civil in nature so no role of police until you create nuisance.

Yogendra Singh Rajawat
Advocate, Jaipur
7604 Answers
6 Consultations

4.7 on 5.0

See parents file a complaint with the  police or under senior citizen maintenance and welfare tribunal then yes the authority can evict you from that place. Police can register a FIR. You cannot stay there without there will.

Even they can take an injunction against you for entering there property,

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

See what I will suggest you keep all the documents of mental condition of parents and in case they make any deed in favour of your siblings. you can file for cancellation of same.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

See it would for best you stay away from them for some time, in meantime the matter cools down you can then approach them with love affection and care.

Shubham Jhajharia
Advocate, Ahmedabad
11874 Answers
45 Consultations

5.0 on 5.0

File suit seek court orders restraining your siblings from dispossessing you 

 

2) rely upon parents medical reports that they are not mentally fit 

Ajay Sethi
Advocate, Mumbai
56959 Answers
3456 Consultations

5.0 on 5.0

1) Don't worry they can't take your share from parents property. Better you apply or take stay from court that your siblings can't take any gift deed or WILL or agreement to sell or sale deed on their name from parents property.

2) As your parents are lunatic and unsound mind, so each and every agreement or deed will be invalid or void.

Ganesh Kadam
Advocate, Pune
5475 Answers
40 Consultations

4.9 on 5.0

You have to file a civil suit on the grounds that your parents are lunatic and they are not able to take any decision due to their health and mental condition and this condition can easily be used for the benefit of any other person and pray to the court that any agreement are the transfer /sale of property may be stayed.

Vimlesh Prasad Mishra
Advocate, LUCKNOW
4314 Answers
10 Consultations

4.9 on 5.0

Basically it is their property, hence it is their decision to allow you inside or to drive you out.

You cannot claim this as a right, at least not during their lifetime.

Hence better dont complicate the things and invite unnecessary problems for you through such acts.

The wise act is keep off from them.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

If you apprehend that they will take away all the properties, you may gather evidence to prove that both your parents are mentally affected and cannot take a decision on their own, this will help you to fight against them in future in this regard should a situation arise.

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

you are inviting problems for you.

If they call police, the police will listen to them only and yoiu may find dire  legal consequences due to your adamant attitude.

Take wise decision at right time

T Kalaiselvan
Advocate, Vellore
46951 Answers
557 Consultations

5.0 on 5.0

This is my response to you:

1. If the property is self-occupied by your parents then they can evict you;

2. Since they are senior citizens they also have several laws in their favour;

3. If would be advisable to leave the premises and find temporary accommodation;

4. There is a chance the siblings can file an FIR against you, therefore leave the premises;

5. Consult a local lawyer and then take other steps.

Gowaal Padavi
Advocate, Mumbai
1599 Answers
2 Consultations

5.0 on 5.0

Dear Sir,

You may approach SDM Court under the provisions of Senior Citizens Act and say that your brother has detained Senior Citizens and seek entry into the house for well being of the senior parents.

Netravathi Kalaskar
Advocate, Bangalore
1210 Answers
3 Consultations

5.0 on 5.0

if you are harassing your parents then they can approach the court to evict you from their house. police cant evict you but definitely arrest you if you are giving trouble to them. you don't have any right in that house if your parents don't want you to stay there.

Prashant Nayak
Advocate, Mumbai
4875 Answers
3 Consultations

4.8 on 5.0

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