Eviction from house
Bhawana
(Querist) 10 February 2014
This query is : Resolved
My parents and my brother & his wife were staying in a DDA flat in Delhi. My father expired 2 years back. The house was acquired by my parents and jointly owned by them i.e. my father & mother. My mother is a housewife.
Now in the last 2 years my brother and his wife are harassing my mother and not letting her stay in the house. She stayed with me for almost 1 year and than went back home but they gain started mentally harasing her. My brother gets very aggressive on everything, abuses my mother etc.
Can my mother evict his son & daughter in law? if yes what shoudl we do? Need help urgently. Thanks
M.Sheik Mohammed Ali
(Expert) 10 February 2014
if you have documents in the name of your mother, then you can evict from the flat.
and complaint police station for harassment.
ajay sethi
(Expert) 10 February 2014
did your father leave any will or die intestate? if he died intestate your brother has 1/3rd share in 50%^of flat .
if your father bequeathed his share in flat to your mother your mother can issue legal notice to her son /daughter in law to vacate the premises . she can file suit to evict them .
she can also move maintenance of senior citizen Tribunal against son and daughter in law .she can claim maintenance from her son as he is bound to maintain her in her old age
Rajendra K Goyal
(Expert) 10 February 2014
Well advised by the expert ajay sethi ji, agree to it.
Bhawana
(Querist) 10 February 2014
Thanks to everyone for the response.
Ajay Sir- My father died interstate and did not bequeathed his share to my mother. It is just a joint property.
Can she in this scnario take any action ? Some of the people in women cell advsied to file a complaint under DV Act.
She does not want any maintenance but wants to live in peace.
Devajyoti Barman
(Expert) 10 February 2014
Yes, she should file at once case under DV Act.
Peace is the lest thing which she can expect from her son and daughter in law and for getting this she has every right to go to Police or court.
Bhawana
(Querist) 11 February 2014
Ajay and Devajyoti- Please advise can we get eviction of the son though he has a share in the house?
ajay sethi
(Expert) 11 February 2014
if he has share in the house he cant be evicted
Devajyoti Barman
(Expert) 11 February 2014
Yes, if he has share he can not be evicted but can be restrained form entering the house by way of DV Act.
