• Property to dispose and distributed

Dear Learned Friends,

I am 90 plus defence pensioner with 3 children, all senior citizens. I want to divide my property and assets equally between my children. But my eldest son, who lives on my property has no communication with me for past many years. This was his attitude even with his deceased mother (2007). He gets angry even if i want to initiate a normal conversation. This gives me lot of mental stress. I am also partially paralyzed. Now i want to dispose the property and equally divide but I suspect that my eldest son may not vaccate the premise after I find a buyer? Although he and his wife seperately own resedential properties.

What options do i have? 

WIll it be of any worth to approach the competent authority under the "Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007"

An apt advice will be appreciated.
Thanks.
Asked 5 years ago in Property Law
Religion: Hindu

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19 Answers

See for eviction of the son you can file under Senior citizen maintenance and welfare tribunal once son is evicted you can sale the property and can divide the proceeds. 

Also you can make a will giving equal share to all children from property. Then they can divide and sale the property. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Better get your property vacated under (MWPSC) Act, 2007", court will pass order in 2 3 months than you can sell or settle/partition the property equally between three. Registration is must for due partition.

WIll it be of any worth to approach the competent authority under the "Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007" -- Best and fast remedy. 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You may complain to police and take help in removing out. 

You can file eviction case in civil court.

You can also file criminal case if police do not take any fruitful action in this regard. 

Since both are in blood relation it is advisable to make some logical correspondence with the other party before taking legal recourse.

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

Dear Sir, 

- You may write the will of all your property equally in all three children name without getting into consequences with them.

- Rest if you wish, you may file complaint with competent authority for his ejectment. MWPSC is majorly for maintenance and looking after your well being.

 

Regards

 

Vivek Arya

Retired Lawyer
Advocate, Gurgaon
767 Answers
6 Consultations

5.0 on 5.0

You can approach senior citizen tribunal and seek others to direct your son to vacate portion of property in his possession 

 

2) enclose your age proof and medical certificate 

 

3) you should get orders in your favour 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

1.  There is a HC judgement that children CANNOT occupy parents property without the consent of the parents.

2.  Using the above, you can evict the non-cooperative son from the property for your purposes.

3.  The mentioned MWPSC Act, shall not be of much use for your objectives.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Yes senior citizens Act will be idea option to evict hm from the said properly

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

If you want to give away your property to all yor sons including the rldest kne then you can do that through will or gift. But the property must be the self perchased and not inherited one.

But if you want to exaclude your eldest son from your property and property is self purchased then you can mention that in will or you can exclude him from gift.

 

If you want maintenance from eldest son then you can approach the appropriate authority under Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

Abhilasha Wanmali
Advocate, Nagpur
1021 Answers
1 Consultation

4.8 on 5.0

1. You can sell the property and divide the sale proceeds among your children in the manner you desire.

2. It will be for the buyer to initiate a suit for recovery of possession against your son should the latter refuse to vacate even after sale.

3. However, a  prudent prospective buyer may not purchase the property in the first place if the seller does not have the possession in the first place. 

4. You are free to file a suit for eviction against your son to recover the possession of the property.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

This is my response to you:

1. You can prepare a Will;

2. You can then appropriate the property to whosoever you want to;

3. If you choose to alienate your properties during your lifetime then you can also prepare a gift deed;

4. Whatever disputes may arise can be solved in court;

5. Maintenance of senior citizens act will assist you;

6. You can file a petition and evict your eldest son from your premises;

7. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

2 3 months,

It is your house, mere negligence of children to even respect parents or negligence enough reason to order eviction.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

You would surely succeed 

 

disposal should not take more than 6 months 

Ajay Sethi
Advocate, Mumbai
94720 Answers
7532 Consultations

5.0 on 5.0

See process is fast it takes 2-3 month time only. See no physical harm or dependence is required for mental harm you can evict him and property is yours. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

It's speedy and economic.  You don't even require lawyers there

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

As you are the lawful owner You may send him a legal notice asking him to vacate the house and deliver up vacant possession to you on or before a set deadline. If no response, file an eviction suit at the proper court having jurisdiction over the property in question.

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You may issue a legal notice to him to vacate the premises and after that approach senior citizen's welfare tribunal seeking the relief of evicting him from the property, this will have an immediate relief instead of doing a round otherwise.

After that you can either sell the property or distribute the same equally among your children or as per your desire and plans.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

The senior citizen tribunal route is the safest route that you can adopt for this situation, before that you may issue a legal notice to him instructing him to vacate the proeprty immediately since you would like top sell it .

He may not oblige or comply with the demand made, hence you may approach the tribunal where your case will be disposed within three months time also.

T Kalaiselvan
Advocate, Vellore
84921 Answers
2195 Consultations

5.0 on 5.0

Dear sir 

Yes you can initiate eviction suit against your son to get order for vacation of your property. 

You can easily get the order for eviction of your son. The rate of success under Maintenance and welfare of parents and senior citizen act is very good. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you want to divide your property, but at the same one having an apprehension that elder son may not vacate the property.
  2. I would like to inform you sir that you should approach the Hon’ble Tribunal by filing an application for eviction of the property by your son.
  3. In this way, as you have doubt that he won’t vacate the property, you will be able to execute the will also dividing the same equally, I am suggesting this as Tribunal may also take almost one or two years.
  4. And by keeping in mind your age, I am little concern if anything happens to you then your will and your legal heir would take of the matter before the Hon’ble Tribunal.
  5. Rest, you can contact me for more further detail procedural knowledge about the same.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

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