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Complications in selling a property with possession.

(Querist) 17 December 2012 This query is : Resolved 
An old man in my locality aged 89 live's in double storey house and the registry of the house is in his name. He has disowned his son legally and his son has been residing there since past 13 yrs or so (first floor)and has got water connection and lpg pipeline on his name .Now the owner wants to sell the house and the disowned son is not vacating the house , what are the possible ways to sell the house , he was already tried calling the police , but his son says to the police that he ll neither ask a glass of water to his father and nor vacate the house , what can be done in case of such a helpless old father and the police aslo backed out ,U.P police say's say make a will and show that he is disowned and you want to give the house to someone else , then we ll help you get the house vacated .
ajay sethi (Expert) 17 December 2012
he has to file suit for eviction against his son . in the alternative make application under mantenance of senior citizen act .ask for mintenance from son as son is refusing to vacate and that old father needs money but unable to sell his property . contact a local lawyer
Anmol (Querist) 17 December 2012
Can the application under maintenance of senior citizen act be put even after he has disowned the son ?
ajay sethi (Expert) 17 December 2012
yes . since the son is refusing to vacate the premises let him pay maintenance to father . let the son spend some time and money in litigation .
Anmol (Querist) 17 December 2012
Thank you sir , but he will be in profit only by giving maintenance to an 89 yr old father who may live for few more years and then grab the whole house .
ajay sethi (Expert) 17 December 2012
father cna by will bequeath property to any one he deems fit. son dosent get any title to property
Anmol (Querist) 17 December 2012
thank you the valuable advice , sir !
ajay sethi (Expert) 17 December 2012
thanks for your appreciation
Devajyoti Barman (Expert) 17 December 2012
The father can file suit for eviction against his son.
He can claim maintenance as well.
Raj Kumar Makkad (Expert) 17 December 2012
Father has got legal right to file a suit for eviction against his son and moreover to claim maintenance from him for his own purpose.


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