Mother can file complaint under domestic voilence law and get him out of the house also can take restraining order from him. She can also file divorce in long run

Mother can file domestic violence case against your father seek protection order 

2) if father violates protection order and abuses your mother she can approach magistrate to evict your father from the residence 

Your situation is serious, and the law does provide effective protection, especially since the property is in your and your mother’s name.

First and most important:
Since your father has no ownership rights in the flat, he cannot claim a right to stay there against your wishes. His earlier contribution (sale of old property) does not automatically give him legal ownership unless it is reflected in title documents.

You and your mother have the following strong legal remedies:

You can file a complaint under the Protection of Women from Domestic Violence Act through your mother. Under this law, the Magistrate can pass:

• Residence order directing your father to vacate the house
• Protection order restraining him from committing abuse or entering the premises

This is one of the fastest and most effective remedies.

Additionally, you can:

• File a police complaint for physical and mental harassment
• Seek immediate intervention if there is threat or violence

You may also initiate:

• A civil suit for injunction to restrain him from interfering in your peaceful possession
• Police assistance for enforcement if required

Now, regarding maintenance:

Even though he is abusive, as a father he may claim maintenance under law if he is unable to maintain himself. However:

• If he is capable but deliberately not working, courts may deny or reduce maintenance
• His abusive conduct can be taken into account
• Maintenance, if any, is usually modest and not automatic

So, you can still proceed to evict him, but maintenance is a separate issue and not a bar to removal from your property.

Practically, the best immediate course is:

• File a Domestic Violence complaint through your mother seeking eviction and protection
• Simultaneously keep record of abuse (messages, recordings, witnesses if possible)
• Avoid confrontation and proceed legally

Given your medical condition and ongoing stress, courts are generally sensitive to such situations and can grant relief.

In summary, you can legally remove him from the house, and the Domestic Violence route is the most effective and immediate remedy. Maintenance, if claimed, will be decided separately based on facts.

You and your mother can take action under the Protection of Women from Domestic Violence Act, 2005 even though the abuser is your father/husband, this law applies.

You can pray before the court for protection Order, to restrain him from abusing, threatening, or contacting, you may seek residence Order, the court can remove him from the house, or restrain him from entering certain portions, seek Police protection and compensation for mental & physical abuse. Since the property is in your and your mother’s name, your case is much stronger. He has NO ownership rights in the property he is only staying there as a permissive occupant hence the DV act will come to your rescue and you may get fast remedy. 

You can send notice revoking his permission to stay. 

You can file a suit for eviction and possession through a civil court  to evict him and take possession 

Your situation is serious, and the law does provide remedies to protect you and your mother from abuse, even when the person involved is the father/husband. I will explain your position and options clearly.

1. Your legal position in the house

You have stated:

• The flat is in your and your mother’s name
• Your father’s name is not on the title

This is very important. Legally:

• Your father is not an owner
• He is, at best, a permissive occupant / licensee

Therefore, he does not have an absolute right to stay there against your will.

2. Can you “disown” your father?

In law, there is no formal concept of “disowning” a parent that automatically cuts off all rights.

However, you can legally remove him from your house and restrain his conduct using proper legal remedies.

3. Immediate remedy for abuse (most effective route)

You and your mother should seriously consider proceedings under the Protection of Women from Domestic Violence Act, 2005.

Your mother (as wife) can file a complaint seeking:

• Protection Order – restraining him from committing abuse
• Residence Order – court can direct him to vacate the house, even if he claims residence
• No-contact / non-interference orders

This is one of the fastest and most practical remedies in such situations.

You, as a son, can also support and be a witness to the abuse.

4. Criminal remedy (if there is physical violence)

If there is physical assault or serious threats:

• You can file an FIR under provisions of the Indian Penal Code (assault, criminal intimidation etc.)

This creates immediate pressure and protection.

5. Civil remedy to remove him from the house

Since the property is in your and your mother’s name:

• You can file a civil suit for injunction and eviction against him as an unauthorized occupant

Courts have held that:

• Parents/relatives living in property without ownership can be directed to vacate if they are abusive

6. Issue of maintenance to father (important concern)

Under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007:

• A father can claim maintenance from children if he is unable to maintain himself

However:

• This is not automatic
• It depends on facts such as:
– his conduct
– your financial capacity
– whether he is abusive

Courts/tribunals do consider misconduct and abuse.

Also important in your case:

• He earlier had property (which was sold)
• He is not contributing for 20 years

This can go against him.

So:

• You may still be directed to pay some minimal maintenance, but
• It will be reasonable and based on your financial condition, not excessive

7. Can you remove him without paying anything at all?

Realistically:

• Completely avoiding maintenance is difficult if he files a case
• But you can strongly contest it based on:
– abuse
– your disability
– lack of income

Courts aim for fairness, not punishment.

8. Practical step-by-step approach (recommended)

Step 1
• Your mother files a Domestic Violence complaint seeking:
– protection order
– residence order directing him to vacate

Step 2
• Simultaneously, lodge police complaint if violence continues

Step 3
• If required, file civil injunction/eviction suit

Step 4
• Be prepared to respond if he files for maintenance

9. Important practical points

• Keep evidence of abuse:
– audio/video recordings
– medical reports
– messages
– neighbour testimony

• Since you are physically disabled, courts will be more sensitive to your situation

• Do not take illegal steps like:
– forcibly throwing him out without order
– changing locks while he is inside

Always proceed through legal process.

10. Key takeaway

• Your father has no ownership right in the house
• You can legally seek his removal due to abuse
• Domestic Violence Act is your strongest and fastest remedy
• Maintenance, if any, will be limited and fact-dependent

By going through the facts of the case , i can suggest you to take the following steps-

1. As per your case, you and your mother are the owners of the property, hence your father has no rights related to the property. Hence, you can file a suit for eviction against your father for his enviction

2. If there are any sought of physical violence against your or your mother, immediately file a Police Complaint under Domestic violence, file an FIR against your father

dear client

While you cannot legally "disown" a father under Indian legislation, you and your mother can lawfully guard yourself and exclude him from the home, specifically because of abuse and the clear ownership rights held by you and your mother.

Since the apartment is registered in you and your mother's name, your father has no entitlement to that property. In addition, the sale of his previous property does not automatically grant him legal title to that sale unless he can prove that he engaged in benami transactions and was a contributing owner.

There are two legal avenues of recourse available to you.

Your mother can submit a complaint for both physical and mental abuse against your father under the Protection of Women from Domestic Violence Act, 2005. The magistrate will then be able to issue a "residence order", which would restrain your father from entering or remaining at the residence, as long as he has a spouse, if he's been given one.

You can file for both injunction relief and eviction against your father as a lawful owner of the premises through a civil court due to his harassment and lack of a legal basis to remain there.

Note: Your father may be able to claim maintenance under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007. This would be applicable if he is not able to provide for himself. If your father claims that he cannot provide for himself, the judges will be able to grant him either little or no support.

The first step you should take is to submit a complaint for domestic violence (DV) and a police NC (non-cognizable) complaint in order to receive protection and safety from him.

You cannot legally “disown” your father and remove him just by notice. The practical remedy is for your mother to file a case under the Domestic Violence Act and seek a protection / residence order so he is restrained from abuse and, if justified, directed to remove himself from the shared household; the law permits such an order even if he has no title in the flat.

However, since the present flat was bought after selling your father’s earlier property, do not assume he has no legal claim at all; that title issue must be checked before any eviction step. Also, abuse does not automatically cancel a father’s separate right to seek maintenance if he is unable to maintain himself.

Please immediately meet a local family lawyer in Faridabad with the current flat papers, old sale papers, and proof of abuse, and have your mother file for urgent interim protection.

Yes—you can legally have him removed, since the property is solely in your and your mother’s name, especially on grounds of ongoing abuse.

However, such matters are legally sensitive, and his status as a father/senior citizen can still create complications.

The result depends entirely on how the case is structured at the outset—one wrong step can seriously weaken your position.

Dear Sir, 

However, the first advice may not seem legal, but it seems that your father might be suffering from some psychological disorder and that't why the things happening in unpleasant manner. In this situation, you are suggested to take him to a psychologist, which may help you and mother to come to more conclusive and decisive state to decide as to what to be done. If you father has some disorder, the same requires treatment and things may be cured later. But, if the things are oppoiste, you may take steps legally such as filing a Domestic Violence Case or by filing an injuction suit against the father to remove him from your vicinity.