• Eviction of Daughter- in-Law, under Senior Citizen Act, Due to fear of false Allegations

I am 55-year-old Indian citizen currently living in Australia with my elder son, 
My younger son who is living in New Zealand has a dispute with his wife who is currently living in India, both my younger son and his wife have been disinherited by me last year. A few months back when my younger son filed a divorce case against his wife via a Power of attorney. She used to live at her parents’ home, then she comes to my house, where one my relative was living and looking after my house, who is also the power of attorney of my son. She counterblast with 
1.	498a against his husband, and me and my wife
2.	Sexual harassment complaint against power of attorney of my son, (dismissed by police)
She filed an injunction suit and got prima facia to stay,
Few days after my lawyer filed a Permanent injunction suit, via Power of attorney 
Both cases are pending same time 

She has also filed following complaints repeatedly in different cities, just to harass us 
1.	Harassment complain against my Power of Attorney 
2.	Sexual Harassment complaint against son my Power of Attorney 
3.	Harassment case against My son’s Power of attorney 
All above are dismissed by Police, 
Now because I have to join an investigation for false 498a against me and my wife. And have to come back to India. She will file more false cases against us, so we do not want to live with her, but she got possession of my self-acquired property. 
I heard about Senior citizen act, 
Did I get question-related Senior Citizen Act 2007?
1.	Is Eviction possible on the ground of above fear of false cases?
2.	Do I need a lawyer for application under senior citizen act?
3.	Do I have to present there for Hearings?
4.	Can she claim a right to residence in In-law property even I have to disinherit my son and his wife?
5.	Can Senior citizen act will be applicable if injunction suits are pending?
6.	Any other Remedies?
7.	Estimated time for her eviction under Senior Citizen act?
Asked 5 years ago in Property Law
Religion: Hindu

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13 Answers

Yes, under senior citizen act 2007, parents has full rights to evicte son and daughter-in-law from house and ask maximum 10k monthly maintenance.

All your above questions are answered below point wise reference to your question numbers :

  1. Yes 
  2. No (But you want any help in drafting application you can take it, because lawyers are not allowed in this act)
  3. Yes
  4. No, she can't 
  5. Yes
  6. Senior Citizen Act is sufficient to throw her out of the house and from your life
  7. 30 to 60 days from 1st day of application.

 

Do let me know if you require any further help in this Matter.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. You can file a complaint against daughter in law under the senior citizens act when she would be evicted from the property if you can prove her mistreatment. . As house exclusively belongs to a father-in-law (you) and your son is living separately, the daughter-in-law has no right to live in the house. The property cannot be claimed to be a shared household.

2. You can take the help of a lawyer in drafting the petition.

3. It can be done through power of attorney. Video conferencing facility can be availed when your statement is being recorded, if available.

4. No. she cannot claim any right to residence in a house which is not owned by her husband.

5. Yes. Both cases will be maintainable simultaneously.

6. Alternatively, a suit for eviction can be filed against your daughter in law in civil Court.

7. It varies from state to state.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

1. property owner can file a complaint against son and daughter in law to evict them from the house but as she has the stay order, that won't work

2. you can file the application in person,

3. you or your authorized representative had to remain present on hearings

4. she doesn't have any right

5. you can file but if the stay is granted Tribunal won't pass any order

6. ask your son to arrange separately rented accomodation for her at a different place and once she leaves the place, take it in your possession,

7. .................

 

.

  

Suneel Moudgil
Advocate, Panipat
2381 Answers
6 Consultations

4.8 on 5.0

Hii.

1. As you mentioned you 55 yes old....this age does not fall into senior citizen in India. You should 60 and above for the same.

2. Your son, Dougher or daughter in law cannot acquire your self acquire without your will, or without your POA till you are alive.  You can take legal action againstbthe same ask her to evict..

3. You can file case for restricting her into your house and your personal space and property forcefully. Untill and unless that's her matrimonial house....and she had a valid reason to prove in court of law for her stay in that house.

All the best.

Thanks

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Dear Sir,

- Incase the property is bought by yourself, you can seek eviction. There is no such requirement to incorporate senior citizens act.

- If by any chance the property is inherented by forefathers, through legal heirship right of your son she can seek partition and right in same property.

- You are not required to visit India and can seek video conferencing approval from Court for any hearing as same cited by SC in many cases.

- As per Indian law, a person can defend his/her case and there is no such requirement stated through court to hire lawyer.

- In legal battle, remedies are available as per course of action taken with minute minute observations and arguments.

- May feel free to contact, incase required any further assistance along with case details to share appropriate advise as per your case

 

Regards

 

Vivek Arya

 

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You are not a senior citizen as you are only 55 years old 

 

2) you can file eviction case against your daughter in law 

 

3) seek orders to direct daughter in law to vacate portion of your house in her possession 

 

4) your personal presence is not necessary 

 

5) disposal of eviction suit depends upon pendency of cases in trial court 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

A parent can seek eviction of his children and legal heirs or daughter in law from any type of property, on grounds of non-maintenance and ill-treatment.
1. Yes it is possible to evict her under Senior Citizen Act . Out of this Act, you can also file suit for Mandatory Injunction to remove her from your property permanently.

2. Better take help of a lawyer for preparing draft/Petition.

3. Not mandatory. You can appoint POA on your behalf for approaching the case . 

4. No, as per law, she has no right to stay in the property of her father in laws. 

5. Yes. As per my opionion she will even not get relief in her favour , i.e stay

6. After filing Mandatory Injunction with Permanent Injuction , you can evict / remove her from your property. Many Judgements are there in favour of father in law. 

7. Estimation is not possible , but Court always prefer a Senior Citizen case for urgent hearing.

 

Dont worry you will get relief in your favour.

Pls. dont forget to rating positively.

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

1. Yes it's possible. But the age of senior citizen is 60 years in India. 

2. You don't need a lawyer as presence of lawyer is barred as per the said act. 

3. Your poa can attend or you can take a lawyer with courts permission. 

4. It's under domestic violence Act only if she has stayed in that house after her marriage. But you can go for quashing in high court as you stay abroad. 

5.yes

6. It's speedy

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. See any citizen of India above 60 years of age can file eviction against the children under the act.

2. See senior citizen act is applicable for citizen above 60 years of age so you cannot file under it.

3. You need to file a civil suit to evict your daughter in law. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. You can file an eviction suit against her from your house if by any chance, your said son is not staying in that house. As per law, wife can stay in the same house where her husband is staying.

 

2. The said eviction suit will be filed by you throuygh your lawyer.

 

3. You wonnt have to be present at the Court during the hearings.\

 

4. She can not claim reight to reside in your nhouse when you son is  alive.

 

5. The injunction application will be dealtv seperately.

 

6. Eviction suit might take  years to be disposed of.

  

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

You should file a civil suit before the district court for permanent injunction. Your daughter in law has no right to acquire your self acquired property. Law is very clear on this point.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1.  You are just 55 years of age and do not fall under the category of senior citizen, hence you may not claim any protection under that act especially you claim protection anticipating an action from her side.

2. You are not a senior citizen yet, hence dont count on it.

3. same as above.

4. Your disinheritance has nothing to do with law because disowning son or any relationship legally is not  known to law, there is no provision for that in law.

5. You are not yet a senior citizen then where is the question of any such concession.

6. Since she has already lodged a 498a case, there is nothing that she may harm you anymore, she cannot keep filing false cases, hence your fears on that count are unnecessary.

7. You can file an eviction suit in the regular process and not under senior citizen protection act.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

Dear Client 

  1. Yes the eviction is possible on the ground of fear of false cases based on past incidents. 
  2. Yes you need a lawyer to file the petition under senior citizen act 
  3. Yes because court will record your statement as you will be the complainant of that case. 
  4. she have right to residence in in-laws house but only if she files a case under domestic violence act. 
  5. You can file a case under senior citizen act as it is different from previous cases and you also have right to residence and self defence. 
  6. The eviction of your daughter in law will be enough to make you safe.
  7. Time will depend on your statement and evidences. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

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