Father evicting adult unemplyed son from property

Arvind (Querist) 17 January 2015 This query is : Resolved
Hi,

Want to know if an unmarried adult son can be evicted from property (not ancestral)in name of father. Previously employed though currently unemployed.

Son Not dependant upon anyone for finances. Not having issues with other family members living in the same house.

Not abusive towards father though father is loud with other family members, drinks regularly. Verbally abuses and threatens son for life and dire consequences etc.Father is currently employed

No eviction notice has been given in written.
1.Can the son continue to stay by claiming right to property?
2.Can cops be called to force eviction in absence of court order?
3.Whats the minimum time period provided by court for an eviction notice for this situation?
4.If the cops are called can son refuse to visit chowki or respond to questions unless an eviction order is shown?
5. To what extent can son expect to extend the minimum period in court notice on grounds of being unemployed?

Thanks.

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Advocate Kappil Cchandna (Expert) 18 January 2015
Dear,

Son has a right in the property if the same property had been ancestral property .... But if the same is self acquired he can .... But only by the court notice and not police ....

Kapil Chandna Adv 9899011450

Guest (Expert) 18 January 2015
Well Advised by Expert Mr.Kapil Chandna

Arvind (Querist) 18 January 2015
Thanks.Its self acquired. Does the eviction notice from court require immediate eviction or does it provide a time frame of few days? Can it be extended? If cops are called can the notice be demanded and any request to visit chowki or conversation be refused in absence of court notice?

T. Kalaiselvan, Advocate (Expert) 20 January 2015
The son is not entitled to a share or right over the self acquired property of his father. He can be evicted by his father through legal process or if the son is found to be abusive and violently aggressive, the father may on a complaint with the police can initiate action to eject him out considering the safety of his life.

K.K.Ganguly (Expert) 22 January 2015
1. Son can be evicted by the father from his property,

2. Such eviction shall not be by calling police but with due process of law,

3. It means that the father shall have to file an eviction suit for evicting his son who is expected to contest the 10/20 years runing suit,

4. Father may not last that long.

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