• Evicting parents in law from my possession

Hello I am a married women. Me and my husband purchased a house few months ago, the house is registered on my name only and all the white payments were also done from my account.
My husband parents used to live in an old house which was not in a good shape, now when they got to know about our new house they also moved in with us and started creating problems in our life.Situation got so worse that my mother in law called my brother, she literally used the word(ba***rd) for me and my husband in front of my parents and insulted us.
Now we (both me and my husband) want to evict them from our house because they are really disturbing our lives.
Please suggest what all options do we have as per law to evict them ?
Also, my mother in law has been saying again and again that they had spend lakhs of rupees on my husband's education, can she claim this in the court ?
Please help.
Asked 9 months ago in Property Law
Religion: Hindu

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28 Answers

Yes, parents in laws can claim their money and also their properties. In terms of senior citizens Act your parents in laws can claim residence, maintenance and also police protection if you ever ill treated them. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Mother in law cannot claim money spent on your husband education 

 

you have to issue legal notice to direct in laws to vacate house 

 

file eviction case against in laws 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations


Legal Options to Evict Parents-in-Law


Serve a Legal Notice – Ask them to vacate the house since it's your self-acquired property.
File for Injunction (Restraining Order) – If they refuse, file a suit for trespassing under civil law.
Police Complaint for Harassment – If they are abusive, lodge a complaint for mental harassment.
Senior Citizen Act Defense – If they claim rights under the Senior Citizen Act, it applies only if the property is in their son's name, not yours.


Can They Claim Education Expenses?


No legal right to recover money spent on a child’s education. Parents have a duty to educate their children.

Would you like assistance in drafting the eviction notice?

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

  1. In view of Section 4 of Maintenance and Welfare of Parents and Senior Citizens Act under which children are bound to maintain aged parents, eviction is not possible.
  2. Under the Act provision for old age home is there but that is only for indigents.
  3. Any legal authority to whom any complaint is made for eviction will hesitate to act on complaint.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

This house property is on your name and as a owner you have all the rights to the property fully.

If they are creating problems, you can very well ask your parents to vacate the premises, failing to listen and if they create problems, you can file a suit for ejectment  to eject them from the property for the said reasons.

They cannot take shelter under senior citizens welfare act, if at all they want relief they can file a suit for maintenance from their son but that will not entitle them to remain in this house especially if the house owner is no more liking them stay there.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

1. If they have bonding with another son, they would not have stayed with your husband. 

2. It is for them to decide where to reside. From your question, it appears that other son is not earning or not earning much. 

3. DV Act is applicable only against male respondent by woman as wife or in relationship. 

4. Abuse can also be due to mental condition in old age. It may not be intentional. 

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

No. It is parents in laws choice and decision. Yes, the behaviour of MIL falls under DV but she too can level allegations and considering her age court will act sympathetically. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

Madam, 

It is suggested that taking care of parents and parents-in-law is the prime and holy duty of every man and women. Due to age and non-efficient working of thought process and nerous system, the behaviour of elderly people change a lot. In many cases, it may be quire derogatory and disturbing but the children (man and women) are required to be bear the same. Please interpret that you are being discouraged by this legal advice. Rather, you are suggested to prepare yourself well and approch the court/concerned legal authority for their shifting citing their well being.   

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Both sons  have to maintain the parents if they are unable to maintain themselves 

 

you are at liberty to file DV case against in laws seek protection order against them 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Madam, 

What was mentioned in my reply was from judgments of some cases wherein parents sought shelter/assistance of their children in their old age. It is just for your information that the court may take that view also and hence get yourself prepared to present your case in best form before the court. After getting additional information, it is further suggested that you may approch for their eviction taking the ground of their cruelty, disturbance in your matrimonial life and welfare of yourself, your husband and kids, if you have kids. You may also take plea that they don't like you and they can be taken care of well in separate property location. Since, the property is self acquired by you and your husband, they can't enforce their rightst to live in that property. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

You have rightly guessed that you can initiate dv case also against your MIL for her acts of domestic violence and abusive behavior..

In case she approaches senior citizens welfare tribunal then your husband only shall be liable to pay her maintenance and not that you have to allow her to stay in your own house against your willingness.

you can initiate legal proceedings to evict her 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

As per the law if she is able to sustain her expenses and is possessed of assets , she can very well live in her own house and can manage her expenses out of her independent income.

This itself is a strong reason for you to get her legally evicted especially if she is abusive against you sitting at your own house, which is not bearable.

you can initiate legal action as suggested

 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

✅ Second Son’s Responsibility: Courts may consider the fact that they have another son who can maintain them, especially if you're offering financial support. However, they cannot be forced to stay with him.

✅ Eviction Strengthens: Since your house is self-acquired and in your name, and they have an alternative support system, eviction becomes legally stronger.

Domestic Violence (DV) Act:

If your MIL is abusive, you can file a complaint under the DV Act for mental harassment.

However, she cannot claim DV Act protections against you, as the house is not her matrimonial home (it’s not in her husband’s or son’s name).

If they refuse to vacate, file a civil eviction suit for illegal occupation.

Recommended Next Steps:

1️⃣ Issue a Legal Eviction Notice (mention alternative support).

2️⃣ If they refuse, file a civil suit for eviction.

3️⃣ If abuse continues, file a police complaint under Section 506 IPC (criminal intimidation) or the DV Act.

Would you like assistance in drafting the eviction notice?

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Since the house is solely registered in your name and all payments were made from your account, you have full ownership rights over the property. Your in-laws are staying in your house without any legal right, making them licensees at best, which means their stay is revocable at your discretion. Below are the legal options available to you:

1. Legal Notice for Eviction (Civil Remedy)

Since your in-laws are not co-owners or tenants under any rental agreement, you can serve them a legal notice to vacate the premises. The notice should clearly state:

  • That they are living in your house only with permission, which you are now revoking.
  • A reasonable deadline (e.g., 15-30 days) for them to vacate the house.
  • The consequences of failing to leave, including legal action.

If they refuse to comply, you can file a civil suit for eviction and injunction in a court, seeking their removal. Courts usually favor the rightful owner in such cases, especially when there is no tenancy or ownership claim from the other party.

2. Protection Against Domestic Violence (Criminal Remedy)

Your mother-in-law’s abusive behavior, including verbal insults and harassment, can fall under domestic violence under the Protection of Women from Domestic Violence Act, 2005. The law recognizes:


  • Verbal and emotional abuse (insults, humiliation, and threats).

  • Economic abuse (if they try to claim your property unlawfully).

You can file a domestic violence complaint before the Magistrate and seek a protection order under Section 18 of the Domestic Violence Act, restraining them from entering your home or harassing you. You may also request a residence order under Section 19, asking the court to legally remove them from your house.

3. Can They Claim Money Spent on Your Husband’s Education?

No, they cannot legally claim reimbursement for money spent on your husband’s education. Parental financial support to a child is not a loan but a moral obligation. Courts do not entertain such claims unless there was a written agreement proving it was a repayable loan, which is highly unlikely in this case.

4. Can They Demand Maintenance from Your Husband?

Under Section 125 CrPC and the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, parents can claim maintenance from their children if they are unable to support themselves. However:

  • Your in-laws own sizeable properties and are financially independent, so they cannot claim maintenance from your husband.
  • The fact that they have another son who can take care of them strengthens your case, as maintenance responsibility can be shared among children.
  • Since you are already willing to pay for their monthly expenses, courts will likely see this as sufficient support if needed.

5. Clever Legal Angle: Misuse of the Senior Citizen Act

If your in-laws try to misuse the Senior Citizen Act, 2007, by claiming they were "thrown out" or "abandoned," be proactive:

  • File a legal notice first stating that you are asking them to leave because of their misconduct, not neglect.
  • Highlight that they have other property and another son who can maintain them.
  • If needed, file a counter-case under the Domestic Violence Act, proving their harassment towards you.

Conclusion & Next Steps:


  1. Issue a Legal Notice to evict them.
  2. If they refuse, file a civil eviction suit and request a restraining order.
  3. If abuse continues, file a domestic violence complaint to legally remove them.
  4. If they claim maintenance, counter with proof of their financial independence and the presence of another son.

 

Priyanka Jain
Advocate, New Delhi
3 Answers

Opinion is based only on the basis of law. Lawyer donot get emotional and emotional value does not stand in court. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

They can shift to another property owned by them 

 

they are not entitled to any maintenance as they are able to maintain themselves 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

- The Supreme Court of India, in a long line of decisions, has settled the law that, where a boy and a girl are major and they are living of their free will, then nobody, including their parents, has authority to interfere with their living together.

- Further, as the said property in your name then none having to reside there without taking your consent

- Hence, your in-laws have no right to stay there without getting your consent and also have no right to interfere in your married life.

- You can disallow them to reside with you , and can send a legal notice for the same as well. 

- Further, if they not even vacate then fie a suit for Mandatory Injunction before the Court to evict them 

- However , if they have no earning capacity then they can ask maintenance from their children and not only your husband. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations

What is advised by all is strictly on the basis of strict law without sermonizing. You will face all the legal hurdles forewarned.  

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

Dear Client,

Since the house has been registered solely in your name, with all payments made from your account, you are considered legal owner and have full authority over the property. Given that your husband's parents have been living there with your permission and intend to occupy the property, you may have to follow up with a legal eviction process by serving them a notice. If required, an eviction suit would need to be filed in accordance with the applicable laws. This being because the claim relating to expenditures on your husband’s education does not, in and of itself, create any entitlement for universal residence, absent a further express agreement or obligation in law. Yet the standing of your second son being in position to care for deceased parents would go into consideration in support of their care, but would not necessarily bar you from seeking their eviction. This becomes more relevant when, in addition, there exists proof of violence on the part of the mother-in-law, which could support your case in the sky of domestic violence provisions. It would be advisable to consult with an expert in property and family law to ensure that you do not fall short of the processes available to you and jeopardize your rights. Hope this helps. Please feel free to make any legal query.

 

Anik Miu
Advocate, Bangalore
11005 Answers
125 Consultations

Yes she can file proceedings against the husband under senior citizen act and claim any property given to him from him. They can also claim maintenance from him

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Madam, 

Under the provisions of Maintenance of senior citizen Act, 2007; the parents/senior citizen are entitled to claim back their property from the children if the children are not maintaining them well. The facts of case differ from case to case and they are required to prove their statement duly and mere verbal statement will not solve the issues in hand. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

Mere verbal statements have no value 

 

you have to prove  allegations made in the plaint that money was paid to son for purchase of property and that they have share in property 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Yes. parents can claim back their properties. payment can be proved by various ways. If required consult in private. 

Siddharth Srivastava
Advocate, Delhi
1551 Answers

As per seniors citizens Act they have right to do the same. 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

What Section 23 contemplates is, where a senior citizen transfers any property subject to the  condition that the  transferee shall provide basic necessities and physical needs to the  transferer and refuses or fails to provide such amenities and physical needs, the  transfer shall be deemed to have been made by fraud and coercion and shall be liable to be cancelled by senior citizen. The  condition for transfer is necessary, it can be express or implied.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

They cannot claim share in the property just because they have lent some money.

If at all they want to claim their money and your husband is not willing to return the money he borrowed then only they may seek to attach his property for security to their money

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

- They cannot claim the properties which is registered in the name of your husband.

- Only the properties which your husband got by his father can be claimed by him. 

Mohammed Shahzad
Advocate, Delhi
15794 Answers
242 Consultations


Can Parents Claim Back Property Given to Their Son?

1️⃣ Verbal Statements Are NOT Enough

  • Mere claims that they paid for the property hold no legal weight unless backed by documentary evidence.

2️⃣ What Proof Do They Need?


  • Bank Transactions – If they transferred money for the purchase.

  • Gift Deed or Agreement – If they formally gave the amount as a loan or conditional gift.

  • Stamp Duty/Registration Records – If their name appears anywhere in the purchase documents.

  • Loan Repayment Proof – If they paid EMIs or a significant amount towards the loan.

3️⃣ If They Gave Cash

  • Without proper records, a cash transaction is difficult to prove in court.
  • Courts generally do not accept large cash claims unless documented.

4️⃣ If It Was a Gift


  • Gifts are irreversible under Section 122 of the Transfer of Property Act unless obtained by fraud, coercion, or misrepresentation.
  • If they willingly funded the house without any formal agreement, they cannot demand repayment later.


What If They File a Case?

  • If they file a case claiming ownership or repayment, they must provide solid evidence.
  • Courts will reject claims based on mere verbal statements unless backed by documentary proof.

Would you like assistance in drafting a legal response in case they make such a claim?

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

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