Hello I needed some advice on my sister who is 72 and lives in Bangalore. She own a flat in her name and lives in it. Her son and daughter-in-law (DIL) live with her. My sister does all the work in the house including cleaning, cooking, washing, looking after grandchildren etc. Not only that she pays all the utility bills and day to day expenses from her savings. Even if the sim and DIL order a takeaway she has to pay for it. The DIL or the son do not help or contribute anything at home and DIL is abusive and has also been physical with her. My sister feels scared, unable to speak out and fearful for her life & has come to a point where she is unable to live like this and want them to move out. She has told them Several times to move out but they refuse. What is the exact process of eviction. A step by step advice would really help.
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Sister should file application before senior citizen tribunal in Bangalore seek orders to direct son and daughter in law to vacate portion of house in their possession
2) seek permanent injunction restraining son and daughter in law from distributing her possession of house
As per law neither son nor daughter in law have any right or title or interest in the stated flat of your sister. Your sister can make complaint under senior citizen Act against son and daughter in law etc and can also seek police protection. Your sister may ask her son and daughter in law to leave her flat and if son and daughter in law refuse, then, she can also report the matter to police and can also file suit for eviction against son and daughter in law. Your sister is under no obligation to pay and maintain her son and daughter in law and to bear all cruelties. Rather your sister is entitled to maintenance from son under senior citizen Act. She should consult a competent lawyer.
So what is the process after the application is approved and orders are given. Is it a paper order or someone will come home to action this and talk to them. Is there a time scale in which they have to move out?
Tribunal would after hearing parties pass an order grant them 4 weeks or so to vacate house in their possession
If matter is reported to police under senior citizen Act then one police official would personally visit her and would ensure her safety by visiting her on regular interval. On receiving application police will take action. Your sister can make call also on help line and then also police of local police station would visit her to take her statement and complaint. Police will sldo take action against son and his wife.
She can approach senior citizens welfare tribunal, file a case to get them evicted from the property that belongs to her for the same reason.
She can file an execution petition to execute the orders through court ameen and if necessary with the assistance of police to forcibly evict them.
- Your sister can file a compliant under the provision of domestic violence act against them before the magistrate
- Further , if she is afraid of them , then you can also lodge a complaint before the police for the cruelty meted upon her .
- Further , if that property is in her name , then legally she can evict them after filing a suit for Mandatory Injunction before the court.
- However, before filing the suit , she can send a legal notice to them for the termination of license given to them temporarily living in that house.
- Further, being a senior citizen , she can also lodge a complaint before the higher police official directly under the provision of Senior citizens Act.
You can first send notice and then file eviction proceedings against her
Dear Client,
