• Removing son from house

How to remove unruly son from my house
Asked 4 years ago in Property Law
Religion: Hindu

3 answers received in 10 minutes.

Lawyers are available now to answer your questions.

32 Answers

You can move senior citizen tribunal and seek orders to direct son to vacate portion of your house in his possession 

 

2) seek permanent injunction restraining son from disturbing your possession of house 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Since you are the owner of house you can file complaint before senior citizen tribunal 

 

you do not need your wife consent 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

Query has been replied to 

Ajay Sethi
Advocate, Mumbai
94725 Answers
7535 Consultations

5.0 on 5.0

If house owned by you, you can evict him any time. Can call the police.

If you are above 60 years of age, can obtain order from collector under senior citizen act.

Wife protest has no value.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

It appears you are absolute owner of the house. 

In that circumstances its your choice whom to allow to stay and whom not to.

A son has no vested right in the property of father during his lifetime and hence the father can file a suit for eviction of license.

To make this happen you may feel free to contact. 

Devajyoti Barman
Advocate, Kolkata
22824 Answers
488 Consultations

5.0 on 5.0

You can take police and court help for the same. You can also approach court understand senior citizens Act and get him evicted

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

1. If the property is registered in your name you may file suit for eviction and permanent injunction against son. Also in case you are a senior citizen you may file complaint under senior citizen maintenance and welfare tribunal.

 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If property is in your name NOC or consent of wife is not required.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If you are under the senior citizen category and the house belongs to yours. Under the senior citizen act you file complaint against son.

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

1. What is his age?

 

2. If he is minor, try to settle the disagreement with him in a matured way..

 

3. If he is a major and beyond any control, lodge a police complaint against him and do not let him entering in to your house.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

1. If your wife does not agree with you to throw away your unruly child, then it will be difficult for you since she will put stumbling block in your your said remedial act.

 

2. Persuasion is the best method in such cases. 

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

It will be prudent on your part to handle the situation amicably even accepting some oddity from your son and wife in the interest of your entire family.

Krishna Kishore Ganguly
Advocate, Kolkata
27219 Answers
726 Consultations

5.0 on 5.0

- As per the Delhi High Court , the elderly parents who are abused or mistreated by children can evict them from any type of property, not just a self acquired one. The property can be self-acquired, ancestral or even rented, as long as the parents are in its legal possession. 

- Hence, legally you can remove the said son from your house , whether the house is your purchased house or an ancestral or even you have taken on rent . 

-  Firstly lodge a complaint against the son after writing his behaviour with you in detail. 

- Further , if you are senior citizen , then you can also lodge your complaint under the provision of Senior citizen Act, for removing him from your house. 

- Further , you can also file a suit for Mandatory Injunction against him for evicting him from your house. 

- If the said house is not in your wife name , then legally she cannot interfere and stop you from removing your son from your house. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

File a complaint against him under Protection and Welfare of parents and senior citizens act. 

Disown him

 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can give a police complaint against him for his indulgence of torturous and illegal acts against you and can ask the police to direct him to keep away from your home.

If the house is on your name then you may file a suit for ejectment to eject him from your house for the reasons you may rely upon.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You have to convince your wife to cooperate with you, if not you can ask her to get out of yor house to sty with her son elsewhere.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

you can revert with more questions with some more details at a later stage also seeking suggestions and opinions from experts here.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

if you are abosulte owner you can evict your son through court. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

as a owner of property you don't need wife consent. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

property self-acquired by the parents, son whether married or unmarried, has no legal right to live in that house and he can live in that house only at the mercy of his parents up to the time the parents allow. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

The son can live with you after attaining majority out of love and affection but in case he is giving any mental agony and harassing you, you can dispossess him from your house property.  Take the steps as follows:

1. Make a request to vacate the house by..........

2. Thereafter, give him a legal notice through the local advocate

3. File a suit for Mandatory/Permanent injunction directing him to vacate the house and restraining him to enter the house in future as the same is your self acquired property.

4. It is settled law that the son cannot live with the parents against the wishes.

Dalip Singh
Advocate, New Delhi
1084 Answers
36 Consultations

5.0 on 5.0

DEAR SIR,

First of all, you are suggested to take your wife in confidence and then evict the son from your property. You are informed that as per various judgments of High Courts and Hon'ble Apex Court, the son can stay in parents house at the mercy of the parents. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

If the house is in your name then you can throw the child out and your wife cannot oppose.

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

You may file an injunction suit of the son is major and ask the court to pass appropriate direction 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

If, it is your property then you may take appropriate action 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

1. By filing a suit for his eviction in the civil court.

2. If you are the owner of property then you do not require the consent of your wife to file suit for eviction.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

1. File suit for eviction against him under Maintenance and welfare of parents and senior citizen act.

2. You have to convince your wife for eviction of son. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

If the property is your own. you can lodge compliant with police, followed by making an application before the court before Senior Citizen Tribunal seeking order to evict your son.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Your wife cannot object for your activity, as you might be  the owner of the property.

Further, you can also seek an Injunction restraining your son from disturbing peace and harmony in the premises.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

Is he troubling youbin some way? I mean asking for money etc.? File a complaint with the police.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

You should try to explain this to your wife that it is in your and her best interests that he be removed.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

The complaint must be lodged with the police and the police must be asked to come and mediate.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer