• Am old father my law against my property

Hello my name is Ravi am 62 year old man I am living with my wife and two sons .I have small property in Delhi (50 gaj plot) not registered but POA is on my name I bought after my retirement with my clearness money now I don't have any thing except my property this is last thing for my survival .but after marriage of my elder son he and his wife daily fight with us and abuse me and my wife and some time we feel they beat us . They don't want to live with us but not going and asking half money of my property .they want I sell this property and will give him half money of property but this property is the last source of my future survival when I refuse this he and his wife abuse me and my wife and give warning to me he will call the police and file court case against of me .my younger son not need  money from my property .I don't want to give any single money from my property because this is only source of my future  because I don't have any trust on my son if I sell my last hope how can me and my wife survive .please tell me my legal rights so I can live my life please .
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu
1) you should issue legal notice to your son and daughter in law to vacate you rhouse

2) if they refuse to do so file suit for eviction of your son and daughter in law to direct them to deliver portion  of property in their possession and for injunction restraining them for disturbing your peaceful possession of the house . 

3) your son and daughter in law have no share in your property . 

4) if you have POA in your favour register gift  deed of house in your wife favour .

5) to confer clear and marketable title to property sale deed should have been in your favour. mere POA does not confer clear title to the property 
Ajay Sethi
Advocate, Mumbai
36461 Answers
2028 Consultations

5.0 on 5.0

1) aapka beta aur bahu ka aap ke ghar par koi haak nahi hai 

2) aap court case kar sakhte ho aur aapke beta aur bahu ko court orders dwara ghar se nikal sakhte ho

3) unka aapke ghar par koi haak nahi hai 
Ajay Sethi
Advocate, Mumbai
36461 Answers
2028 Consultations

5.0 on 5.0

As  a matter of fact you  do  not have  a marketable title to your property.POA will not confer title to you. Therefore you better immediately sell the property to  your wife in the capacity of POA and  get it registered on her name.  By doing this, you are securing the property from two dangers, i.e.,by acquiring the title to the property once your wife becomes the owner, it becomes her own and absolute property and she is shielded with married women property act.   Nobody can claim any share in it.
T Kalaiselvan
Advocate, Vellore
26421 Answers
268 Consultations

5.0 on 5.0

1. You are at liberty to file a lawsuit for eviction against your son and daughter-in-law to evict them from your property as without your permission none of them has the right to reside in the property.

2. You can also sell the property if you desire whereupon none of them can claim any share in the sale proceeds.

Ashish Davessar
Advocate, Jaipur
21587 Answers
579 Consultations

5.0 on 5.0

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