• Separation from married son

Father and Son have differences and father do not want to stay with son nor want to do business together.
Where is :

Business : on the rented place that is belong to father only since 30 year. father told to son verbally find your own business  and move out. son forcefully comes in business and operate it. legally he is nothing in the business.

Residence : on the rented place since 8 month. Rent deed with the father and mother name. Father told to son find your own place but he do not do that.

Home : we have a booked home in Mumbai  which is under construction and 95% of money is paid but still no position. this home with the name of Father, mother and son.
Question is :
1.	How i can make him separate from my business place and residence and what is my legal obligation to do for him ?
2.	If i want to sell under construction [ which is loan free ] home and if my son does not co-operate that what is the other legal option are with father and mother.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
Religion: Hindu
1) if you are senior citizens you can move the senior citizen Tribunal restraining your son from entering his office and the rented flat . 

2)you are under no obligation to  maintain your son . if it is your business you can restrain your son from interfering in your business and from entering your residence which is taken on rent . 

3) as far as flat is concerned which is standing in joint names your son has 1/3rd share in said flat . for sale of flat you would need your  son consent as no one will purchase your flat if 1/3rd rights are with your son
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0
1. Lodge a police complaint against your son, if he still tries to enter in to your business or rented house,

2. You can also lodge a complaint before the Senior Citizen Forum against your son,

3. You can not salew your residential mproperty jointly held with your wife & son, without the written consent of both of them.
Krishna Kishore Ganguly
Advocate, Kolkata
12034 Answers
227 Consultations
5.0 on 5.0
1) son has no rights 

2) if you have given gift any property by gift deed son would be absolute owner of said property . 

3) serve him legal notice not to enter your business premises
Ajay Sethi
Advocate, Mumbai
23100 Answers
1212 Consultations
5.0 on 5.0

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