• Regarding vacating the house of father occupied by son

Sir,my father has constructed a 2 storey house in a housing society leased for 999 years.House is regularized by municipality. My father is having 3 children. one female and two male. In ground floor I am staying with my father whose age is 93 years. My elder is forcibly staying in 1st floor with his son and wife. second floor is having 4 houses which is given on rent. My father has given the ground floor to my wife and his 3 grand daughters by executing a registered gift deed and also given 2 houses in the 2nd floor out of 4 houses to my wife by executing a registered gift deed. For other 2 House of 2nd floor and house in 1st floor, he has made a registered will in the name of my elder brother. Now the brother is giving trouble to me and my father. My father has so many time requested orally to vacate his property. But he is not vacating. My brother is having two houses in the same society which was given to him after death of my mother and also heard that he is having his own house in the same hubli city.
Now my question is: 1.whether my father can vacate him from his house.if so in which act and how many days it will take for senior citizen.
2. If my father files a case to vacate his son from his house, than that son can request the court to cancel the registered gift deed done in the name of my wife and grand daughters
3) during the course of suit in the court my father can make a gift deed of 1st floor and 2 houses of 2nd floor in the name of my wife
4) because of age factor I can take the power of attorney to run the case 
5) whether my wife can bring injunction for the nuisance of my brother. if so which act 
6) for filing suit what are the documents required 
7) it is better to file a suit by my father or by me after getting registered gift deed of 1st and 2nd floor
8) It is better to give a notice to vacate the house or directly file suit without giving notice. Our lawyer suggested to file suit directly
9) If the registered gift deed is done by my father in the name of my wife, than he can approach court for the partition deed
10) during course of suit, if my father dies that what is the consequences I may face 
11) any possibility in the law for my brother to give nuisance regarding the property

thanking you
Asked 5 years ago in Civil Law

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4 Answers

Father can make application to senior citizen tribunal to direct son to vacate portion of house in his possession 



2)only on father making application would gift deed be set aside by senior citizen tribunal 

 

3) father can execute gift deed n favour of your wife for remaining flats 

 

4) father can execute POA in your favour 

 

5) for filing suit you need correspondence exchanged by father with son asking him to vacate property 

 

6) better issue notice to vacate property 

 

7) partition suit can be filed for division of property 

 

8) on demise of father legal heirs can continue the suit 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Dear sir,

 

  1.  Your father can ask your son to vacate the property by filing a suit of eviction as it is the self-acquired property of your father.
  2. No, your brother cannot cancel the gift deed that is already executed.
  3. Your father can make gift deed to anyone he wishes to make for
  4. Yes, your father can issue POA in your favour
  5. Injunction suit is sought from court to refrain from committing any act. If some act of your brother troubles you, then you can file for suit of injunction as per civil law
  6. It is advised that you refer to your local lawyer for this
  7. Anyone can file suit but your father can make POA as mentioned above as he is the original owner
  8. It is advised that you issue a clear and proper legal notice to your brother and then start legal proceedings
  9. No, he cannot claim partition from the share that is already gifted to you.
  10. If your father dies, then you will be the legal heir and will carry forward the proceedings
  11. he can create nuisance if the property is ancestral in nature. All advice is given assuming that property is self-acquired.

Thank you

 

Anik Miu
Advocate, Bangalore
11114 Answers
125 Consultations

1. As per law, none having right to claim in the self acquired property of father against his consent 

- Hence, he can evict his said son after filing a suit for Mandatory Injunction , and also after complaining under the Senior citizen Act. 

2. No, this gift deed cannot be cancelled , except by your father wanted to do so. 

3. Yes , he can execute gift deed in favour of anybody , and none having right to claim right over that property . 

4. Yes, he can execute POA/SPA in your favour due to old age. 

5. No, but she can file a compliant against him for harassment and abusing 

6. property documents in favour of father of that property where the said son is staying. 

- Further , he should send him a legal notice for termination of licence before filing the suit in the court. 

7. Father

8. Legal notice should be given 

9. No , reply already given above 

10. Fathers remaining property will be distributed amongst all legal heirs.

11. as above 

Mohammed Shahzad
Advocate, Delhi
15881 Answers
244 Consultations

1. Your father ca file a suit for eviction to evict your elder brother.

The time taken for disposal of the suit cannot be predicted owing to several factors involved in this  case.

It may ordinarily take two to three years.

 

2. No, such prayer is not maintainable.

Your father is the authority to exe3cute this gift deed which the court may not interfere.

3. Yes, he can.

In fact he can make the gift deed even now.

4. Yes, you can.

5. If your brother is trying to interfere in the possession and enjoyment of your wife's property, she can file an injunction suit against your elder brother.

6. Besides the property title documents, you may be required to file other relevant documents too.

7. If the property in question has been transferred on your name by your father, then it would be better that you file a suit against your brother.

8. The statutory .notice for eviction is mandatory to file an eviction  suit subsequently 

9. No, it will not be maintainable.

10. You may have to continue the suit as his legal representative/legal heir/successor.

11. It cannot be predicted.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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