1. Can parents (still alive) evict their adult son from their self-acquired property, without following "due process of law"? If process needs to be followed, kindly mention what is the procedure? (Tamil Nadu State) 2. If parents have evicted their son with the support of police under the false allegations of abuse by 'projecting themselves as the victim', and that too without following "due process of law" what needs to be done?
Also, pls mention the relevant laws & sections governing this matter.
It is parents self acquired property
they can call upon son to vacate portion of house in his possession
3) they can seek police assistance in evicting adult son
4) if police refuse approach senior citizen tribunal and seek court orders to direct son to vacate portion if house in his possession
5)While an adult son has no inherent legal right to reside in his parents' self-acquired property, the parents can't arbitrarily evict him without following legal procedures.
in Shri Santosh Surendra Patil v. Shri Surendra Narasgopnda Patil & Ors. (2017 All MR (Cri) 4065) that there is no illegality in evicting sons from the residential house to ensure the peace of the senior citizen.
1. Due process of law here means suit for eviction of licensee.
2. Once evicted unless the son has any right of title in the property, his possession can not be restored again by any due process of law.
Dear Sir/Madam,
it is suggested that Indian Socieyt is unique, based on sympathy, empathy and care/well being of all the citizen. Various courts have already ruled that an adult son resides in the property of his parents at their mercy and not as a right. This ruling is not based primarily where there are allegations of ill treatment by the son to his elderly parents. In my considered opinion what the Hon'ble Courts want to deliver message to the society is that the elderly are to be taken care of and their property should be safe guarded. There have been circumstances when the children grab the property of elderly parents and also ill treat them. In your present case, there might be misuse of the said provision of law/ruling by the parents and once there are allegations of abuse, police at the first step would remove the son from the property not as deciding the right of the parents or son, rather to prevent any untoward/unpleasant happening to both the concerned parties. The care of maintenance of senior citizen Act of 2007 is one of the beneficiary legistation in favour of elderly parents. Besides, there are several court judgments of high court and supreme court.
In the present case, when you feel that the law is misused by the parents, you must bring the truth before the concerned court/authority and then get the order in your favour.
1. Yes, the parents can evict their adult son from their self acquired property even without any valid reason and also due to mistreat
2. However , the police has no power to evict the son without a Court or Tribunal direction .
- The son can approach the Court against forcibly eviction and without due process of law, and he can get stay order from the Court.
Parents cannot evict their adult son from self-acquired property without following due process of law. They must file a civil eviction suit or proceed under the Senior Citizens Act, 2007 if applicable. If parents, with police help, have evicted the son based on false allegations without court orders, the son can approach the Magistrate or High Court to challenge the eviction and seek restoration of possession. He may also file complaints against the police for illegal action. Relevant laws include the Civil Procedure Code, 1908, Senior Citizens Act, 2007 (Sections 4 & 23), and IPC for false allegations.
While the Senior Citizens Act allows for eviction in cases of ill-treatment, it requires a proper legal procedure, including a hearing and notice to the son.
Parents generally cannot evict their adult son without following due process of law, meaning a legal process to ensure fairness and protect the son's rights.
Parents cannot simply kick their adult son out.
A legal process, usually involving the Senior Citizens Tribunal or the District Magistrate, must be initiated.
The son must be given proper notice of the eviction proceedings and an opportunity to be heard, meaning he can present his case and defend himself.
In essence, while the Senior Citizens Act allows for eviction in certain circumstances, it does not allow parents to simply evict their children without following due process. A legal process must be followed to ensure fairness and protect the rights of all parties involved.
The parents can generally evict their adult son from a property if the son is residing there with the parents' permission or on a license basis, and if the parents are facing ill-treatment or harassment from the son. The Maintenance and Welfare of Parents and Senior Citizens Act, 2007 allows for such eviction orders under specific circumstances. While the Act doesn't explicitly grant parents the right to evict, the Supreme Court has interpreted its provisions to allow it in certain cases, particularly when senior citizens are facing ill-treatment or threats from their children. If the parents are facing ill-treatment, mental agony, or harassment from their son, they can seek eviction under the Senior Citizens Act, 2007. While the Act allows for eviction, it's essential to follow the due process of law. This includes providing proper notice, conducting a hearing, and considering all evidence. Eviction proceedings are typically handled by tribunals or courts established under the Senior Citizens Act, 2007. The police have no rights or there is any provision in law to interfere in this civil matter.
They have to follow due process of law but children doesn’t have any right in parents property and they can evict them
Parents have followed the due process of law by approaching the police
Do you expect them to file a civil suit and pursue a treacherous and lengthy litigation?
So long as the parents are alive the son has no right in their property
He would be permitted to use and occupy his parents property gratis
However once the parents require the son to vacate their house and complain about any abuse at the hands of the son and thus approach the local police for help, which then removes the son, that cannot be equated to eviction without following process of law
Take for instance a servant who is living with the owner. Can the owne be expected to file some suit against the servant to remove himself from the owner's house when asked to do so and when the servant say has abused the owner or intimidated the owner otherwise ?? Obviously the owner will approach the police
Dear Client,
No. Even though parents may own the property (self-acquired or ancestral) and have legal possession, eviction must follow a due process under law—parents cannot forcibly evict the son simply on their own authority.
But various cases over the time shows that parents can evict their children; in the case of of Sachin v. Jhabbu Lal AIR 2017 DELHI 1, the Court reaffirmed that children have no legal right to stay in a parent’s self-acquired house without consent, regardless of whether they are married.
In the case of Shadab Khairi v. State 2018 SCC OnLine Del 7626 Senior citizens entitled to institute application seeking eviction of son/ daughter or other legal heir on grounds of ill-treatment or non-maintenance.
I hope this answer helps. In case of future queries, please feel free to contact us. Thank you.
1. If the said property stands in their names, then the parents can very well get their adult son vacated from their property.
2. They can get their son vacated with the help of police alleging cruel acts against them and for demanding due process of law for eviction, the son shall have to establish his right to stay at that property.
If the son has no right to stay at his parents property, he can not initiate legal proceedings claiming his right to stay thereat.