What should I do in the following circumstances?
With due respect I beg to state that I am Sri Manik Saha residing at 200, Vidyamandir Road, Bishnu Pally, P.O. Purba Putiary, P.S. Regent Park, Kolkata 700093, West Bengal, a 64 year old man suffering from diabetes and other cardiological ailments, staying with my son Rajat Saha and daughter-in-law Pampa Saha. I have a property of one and half kattha purchase land and also have a single storied brick house with proper mutation, sanctioned building plan, complete tax, water and electricity supply. I am also having a loan of 1,00,000/- taken in the year 2006 with a mortgage of the said property for my business purpose and it will take at least two and half year to repay the loan and make the property free from mortgage. I am having a daughter, Arpita Sil Saha, who has been married in 18th November 2012. My daughter is working in a pharmaceutical company and all his official address is showed as the address of my house and it was not changed after her marriage. For the past 10 years I have been neglected by my son. My son and his wife have been torturing me physically and mentally since the past few years and staying with my son and daughter-in-law has become impossible for me. They have become a threat to my life.
On the night of 14.08.2013 my son, Rajat Saha hit my daughter Arpita Sil Saha with a helmet claiming an allegation that she could not come to my house, she is having no share on my property as she is married, and all her official address has to be changed with her new address [husband’s address] though my house is fully made by me and not gifted as a familial property from my ancestors and my daughter is having the same authority to come over there. My son further physically assaulted her and tried to break her hand, there were injury marks all over her body. They both filed a general diary at the local police station [Regent Park Police station, G.D. No.: GDE 1507 Dt. 15.08.2013] with regard to that incident. Since that day my daughter does not come to my home and even she does, she stays only for a little while. On 16th December 2013, my son tortured me physically and after that incident, they have completely stopped talking to me and they are not even providing me with food. I am having a small Hosiary Garment shop [Namely ‘MOYURI’] owned by me at Purba Putiary Kudghat Bazaar but not running well due to my financial inadequate as I have loan which I have expended for the treatment of my wife and could not invest in my business and I am physically weak also.
My wife died on 11.01.2010 who was a chronic patient of rheumatoid arthritis and others osteopathic problems and died after a long four years treatment that had been completely expensed by me only. So now I am a widower, completely alone and financially exhausted. My daughter is bearing all my expenses like food, medicines, and other financial supports till date. My son and daughter-in-law falsely accusing my daughter for torturing my daughter-in-law so that she could not come to my house and they are also claiming that the entire property of mine is their own and my daughter is having no authority and share over there. This is a lie as they are plotting against my daughter and this is the reason why my daughter has stopped coming to my house and I am completely alone now. So staying at this house under the same roof with my son and daughter-in-law has become a threat to my life and I am in panic regarding my safety all the time whenever I remain in the house. So I requested my son and daughter-in-law to leave my house and to arrange some alternate accommodation for their own. But both of them disregarded my request and said to give them the expenses for their alternate arrangement of accommodation though my son is doing a good job in a reputed pharmaceutical company [Emcure Pharmaceuticals Pvt. Ltd.] in the post of the Regional Business Manager and having a good lump sum income. Not only that, they have claimed rent from me as if I am their tenant though the property is of my own.
I want my son and daughter-in-law to leave my house. I had tried to file a General Diary at the local Police Station [Regent Park P.S.] on 18.12.2013 but it was not registered and no action was taken. I filed another General Diary at the same place on the same regard on 26.12.2013 against my son and daughter-in-law but nothing was fruitful. I approached to the Senior Citizens’ Tribunal through The Sub Divisional Officer, Alipore [Sadar], New Treasury Building, 3rd floor, Alipore, Kolkata – 700027 on 30.12.2013 with the help of an NGO HelpAge India, 4, Paramhansa Deb Road, Kolkata 700027. The Tribunal Office sent me and my son a letter separately to attend before the District Magistrate and Sub Divisional Officer on 25th February 2014 but no progress has been done till date and the said office is giving me date after date. Not only that whenever I went to that office the official staffs are misbehaving and harassing me day after day.
In light of the abovementioned circumstances I would like to request you to suggest me that whether I am bound to give the share of my property to my son or not and can gift the entire property to my daughter only to relief myself from this condition. If it is not possible and I would legally bind to give share of my property to my son, then I want to leave them [son and daughter-in-law] from my house. In that case what should I do as per legal approach. Please help me and save my life.