Hi My relative(senior citizen 71 yr) property was illegly occupied by his son and he has thrown them out of house after quarrel. (His mother is paralytic and father retired so occupied the property). Place: Haryana (Property is in father name who is 71 yr old and not given by grandfather) Questions: Will court case take long time to resolve this? How much time? Can police normally help here and remove them from my relative house after we file case? Even if court give order in our favour, can other party(His son) still does not vacate the house by giving bribe to police? Thanks
1. Yes. Civil court would take longer time to give remedy.
2. Therefore file case before the Senior Citizens Tribunal which would be most prompt and summary in nature to give delivery of the house to the father.
2. Another remedy is to file writ petition in high court so with police help the elderly person gets back his possession.
4. Order of court is bound to be implemented.
Get in touch with a seasoned advocate.
The elderly couple should approach the court preferably the high court so that they may be reinstated in thier house immediately. The authorities have to abide by what the court says.
1. Your Uncle may file a complaint before police against his son and may register FIR.
2. Your uncle may also prefer a complaint before Senior citizen maintenance and welfare tribunal.
3. After the court order if he fails to vacate premises court may issue direction to authrotiy to enforce its order and initiate contempt proceeding.
Property ke real. Owner unke parents rahenge.. Son cannot illegally occupy
Sir, kindly lodge complaint with senior citizen tribunal, Haryana under maintenance and protection of senior citizens act.
File a case under Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
They should file case before senior citizen tribunal seek orders to direct son to vacate house in his possession and deliver vacant possession of flat to him and his wife
2) they can also file police complaint against son
Is police bound to follow order given by senior citizen tribunal or there is a possibility that they can drag it?? What are next steps if they still dont vacate the house? Are there cases where tribunal orders are being followed to vacate illegal possesion?
Police are bound to comply with orders passed by senior citizen tribunal
if your son refuses to comply take out contempt of court proceedings against your son
An application before district collector under the provisions of senior citizen welfare tribunal will get immediate relief.
His son will be thrown out of the house on an order being passed.
He cannot bribe police on this.
The order passed by the tribunal has to be strictly followed.
The police will take next step if they don't obey the order by forcibly removing them from the house.
Yes.
1. The police are bound to follow the orders of the court.
2. The complaint before Tribunal can be preferred. Yes, the tribunal has passed such order.
You can file eviction suit against them under The Rent Controller Act. And make the statement that these a relatives and not tenant, on normal relation of relatives given to stay till improve their financial conditions but now they had encroach the property.
Yup police is bound to follow senior citizen order.. N if they dun vacate jus give them a notice via court... They will definitely do
Okay last thing: Can we ask authorities to cut water and electricity connection of house we are not living there now. Also does my relative need to present in court, incase we need to file something in high court at later stage(they cannoy teavel as very old age)?
Water and electricity are essential services and cannot be disconnected
you have to file eviction suit against relative
personal presence is not necessary of relative pn each date
They have to obey or otherwise face contempt proceedings.
Yes that application can be given to the concerned municipal authorities.
A power of attorney can be registered in any person's name who is trustworthy and he may represent the elderly couple.
1. The owner can give request to disconnect water and electric supply.
2. The authority letter and vakalat nama to a lawyer can be given to represent your relative in court.
You were advised to follow up the matter through senior citizens welfare tribunal for proper and immediate legal remedy.
Your hesitation and question about short cut methods appears that you are not serious about the problem.
If you keep raising all such doubts you will reach your destination nor you will be able to achieve your goal.
The main problem is that they have been thrown out of their home, so what they have to immediately is to approach District collector's office with an application under senior citizen's welfare tribunal for immediate relief.
By disconnecting the water supply or electricity supply they cannot be removed from that house, hence first of all realise the seriousness of the problem instead of keep asking petty questions and getting stranded at the same point.
Dear Sir/Madam,
It is suggested that the father and mother should take help of the senior citizen maintenance act and the give a lesson to such erring son . The police is bound to follow the court order and the house will get vacated from the son. They are not required to travel to the court on each and every date of hearing.
Police will help after court orders.
If they don't than file application to higher police officials
A law has come into existence wherein children shall not neglect but are bound to maintain their aged parents. You can file a case in court to seek appropriate orders..
1. Senior citizens can seek help of police for getting back possession of their house by lodging FIR against them.
2. They can also file eviction suit against their son Under senior citizen act and seek immediate relief of possession of their house.
They can go to senior citizens court the remedy is very quick.
Police may not help readily but you can try fiilng a complaint
Once there is court's order police can't do anything to bribe
The shortest and most effective way is to move an application before the executive magistrate under 'Maintenance and Welfare of Parents and Senior Citizens Act, 2007'.
