• Eviction notice

Can mother give eviction notice to elder son who lives on first floor of her property since she wants to sell that property to clear bank loan taken against that property.  There are no other means available with her to clear bank loan but the elder son is not vacating the house.  He wants his share in the property but mother has no source.  She says that first she would pay back loan amount to bank and will give the rest of money to him also.  How much time it would take for eviction notice .  If it is a long procedure, then the loan amount would keep going higher and nothing would be left with her.  What other thing she can do?  My parents are quite old.  Please help
Asked in Property Law from Delhi, Delhi
If the mother is the undisputed owner of the house then she can serve a legal notice to her son asking him to vacate the house. A legal notice does not take time. All she has to do is engage and instruct a lawyer to issue the notice to her son. Once the notice has been issued and a certain time period given to the son to vacate the house, he will be obligated to comply with the notice. His refusal to leave the house after the notice would entitle his mother to file a case for his eviction in the court. 

The bank can attach the property in accordance with the law if she fails in repaying the outstanding loan along with interest. The bank may at its sweet will waive off the interest and also the principal amount.
Ashish Davessar
Advocate, Jaipur
19896 Answers
522 Consultations

5.0 on 5.0

i presume your mother is absolute owner of said property . your mother can contact a local lawyer in delhi . issue legal notice to son to vacate the property . if son refuses to vacate file evicition proceedings 

since mother is unable to repay bank loan she  can inform the bank about her inability to repay the loan . bank will issue warrant of attachment of the property . if outstanding dues are not paid bank can sell property to highest bidder
Ajay Sethi
Advocate, Mumbai
28638 Answers
1555 Consultations

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If your mother has obtained the loan for entire family necessities, then let her issue demand notice to her elder son staying on the property to repay the loan or alternative vacate the property to enable her to sell. 
Bank may attach your mothers property on default without regard to her situation.
Sai Kiran R
Advocate, Bangalore
86 Answers
6 Consultations

4.7 on 5.0

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