• Want to get rid of live-in son-in-law (ghar jamai)

sir,i want to get rid of a live-in son-in-law(ghar jamai).i am living in lucknow in my fathers house.i have 1 elder sister and 1 elder brother.elder brother stays in different state.elder sister,s husband(my jija) lives with us forcefully since many years.our father is now in village in other state and the house is still in the name of my father only who is still alive.my jija does not give any kind of rent or anything and on contrary he tried to beat me once when i was cleaning my house. he says he will stay here for life time. he works as government teacher with sufficient income and has bought a plot which is unconstructed. sir please help.
Asked 2 years ago in Family Law from Lucknow, Uttar Pradesh
Religion: Hindu
dear Client,

1.lodge police complaint in PS of ur area against your jija for illegally living in his father-in-law house and for trying to beat you asap.

2.file suit for possession for said house and damages in civil court against ur jija asap.

3.you can claim damages in said suit for possession because ur jija is not paying any rent to you for last many years.

4.take all above stated legal actions against ur jija with the help of local lawyer.
R.K. Nanda
Advocate, New Delhi
457 Answers
0 Consultations
3.8 on 5.0
1) your father has to take the initiative of filling suit for eviction against the daughter and son in law if they refuse to vacate . 

2) you cannot take any legal proceedings against your sister and her husband . 

3) your father can execute power of attorney in your favour to file legal proceedings on his behalf . 

4) contact a local lawyer . let your father issue son in law and daughter legal notice to vacate his house .
Ajay Sethi
Advocate, Mumbai
23277 Answers
1219 Consultations
5.0 on 5.0
1. Since the ownership of the house is with your father he alone can take recourse to law to evict his son-in-law therefrom. Except the owner no one else is legally authorized to evict any person from the property.

2. Your father can firstly issue a lawyer's notice to your brother-in-law asking him to vacate the property. If in spite of the lawyer's notice he does not vacate then your father may file a case for his eviction in the court whereupon the court will order him to vacate the property. If it is not possible for your father to attend the court on the scheduled hearings then he may execute a power of attorney in your favour authorizing you to attend the same.

3. Notwithstanding the above embargo on your right to initiate legal proceedings for the eviction of your brother-in-law you may file a criminal complaint for criminal intimidation against him if he tries to beat you. He may be arrested by the police.
Ashish Davessar
Advocate, Jaipur
18158 Answers
449 Consultations
5.0 on 5.0
Hi, since house is in the name of your father so you father has to initiate suit for eviction giving notice to your sister husband and if he refuse to vacate then file a suit for eviction.
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
Hello,
You need to get your father to get a legal notice issued to your brother in law and if he does not comply with the demand to vacate the house ,  a suit for eviction has to be filed in the civil court.
Of course you can represent your father in the court if he is indisposed in any manner.
If he causes  any form of harm to you or make your peaceful existence difficult in your own house you can lodge a police complaint immediately.
Therefore I would advise you to  get a legal notice sent and at the same time lodge a police complaint.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
Lodge a police compliant for illegal stay
Jeshma Mohandas KP
Advocate, Kozhikode
567 Answers
1 Consultations
3.5 on 5.0
1. The property belongs to your father and not you,

2. Your elder sister has equal right in your father's property and can stay there alongwith her husband whom you want to get rid of,

3. Your father only has the right to ask him to leave the house, 

4. Discus wiith your father and see what does he say in this regard,

5. If he wishes, ask him to send your said brother in law  a legal notice asking him to leave the house,

6. I doubt whether your father will agree with the above or not and if he does not agree, then you shall have to bear with him.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
It is the property owned by your father so only he has the right to get him evicted from there,if he so desires. Your brother-in law has been residing with the permission of the owner therefore he is a licencee which can be terminated by licensor i.e. your father by serving a legal notice and thereafter he can file suit for eviction and possession .
S.P. Srivastava
Advocate, New Delhi
703 Answers
13 Consultations
4.8 on 5.0
If it is ancestral property then, your sister has right in the property and can stay in the property. However if the property is self acquired then, your father can only take any legal action against your brother-in law and sister. Your father has to send your sister and brother in law a legal notice thereby asking them to vacate the premises. If your brotherinlaw fails to comply to your father's legal notice, then your father can file a suit of eviction thereby demanding their eviction.
In addition to aforesaid, you can file a written complaint at your nearest police station thereby stating that your brother inlaw, is beating you.
Sudershani Ray
Advocate, New Delhi
192 Answers
25 Consultations
4.9 on 5.0
Dear Querist
your father who is owner of that property may file a civil suit for eviction against him. 
if you are a women then you may file a domestic violence case against him before magistrate under section 12 of Domestic violence act 2005 or file a criminal complaint before police for beating at your nearest police station.
if you are a man then police complaint is only option.
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
4.9 on 5.0
as adviced, your father is owner of that house. so he only can proceed against your in law. if he is unable to present himself in court he can give GPA in your favour then only you can prooceed
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations
3.9 on 5.0

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