Mother obtaining injunction restraining son from entering into house.
mrgop
(Querist) 26 March 2013
This query is : Resolved
Can mother obtain civil injunction restraining her son, who is living in same house till date,from entering into house of which the title deed is in her own name?
She has been suffering a lot due to his mental/physical cruelties but don't want to go through DV/Criminal path.
If its possible to get civil injunction, can she approach the police to get the injunction order executed by force?
The property was bought by her and the title deed is also in her name. She is paying the tax last 30 yrs. She don't have any other property.
But, if the son contest the case claiming any right on that property, just to continue living in house and trouble her, can she get temporary injunction restraining his entry during the pendency of the case?
Raj Kumar Makkad
(Expert) 26 March 2013
Such mother has full right to get injunction order against her son. she has right to even get permanent injunction against him as her son has got no right, title or interest therein during the life time of his mother.
An injunction order can be got executed even through police if the respondent is violating it and even contempt of court proceeding can also be initiated against him in that event.
ajay sethi
(Expert) 26 March 2013
agree with makkad . she is absolute owner of the property and she can restrain her son from entering said premises . she can obatin an inunction order
R.K Nanda
(Expert) 26 March 2013
agree with sethi.
