I have three children and the first is a son aged 58 and is a resident of america and my daughter aged 56 is in Chennai and my son aged 53 who is un married and is staying with me and my wife in Chennai.I am aged 85 years and my wife 76 years. and we are staying in the ground floor of a house built entirely by my savings and have the house plans and land deed copy with me.My married daughter and her husband are staying in the first floor portion of the house since 2007 and have started to mentally harras me and my wife both physically and mentally.my son in law in law is an alcoholic.Prior to moving into my house they had stayed in a rented house close by and sice i thought that paying a house rent will be a waste of money I had asked my daugher and son in law to move to the first floor of my house while i stay with my wife and un married son the the ground floor.My son in law started to harras me and my wife.When I submitted a lawyers notice to them(my daugher and her husband) to vacate the house in september 2015 they had gone with their lawyer and met our lawyer (unofficially) and said hat it is a family dispute and due to misunderstandation the matter has gone to the court but our lawyer did not entertain this and .then my son inlaw's frend who himself is a lawyer had filed a caveat in the chennai lower court in november 2015.Our lawyer then filed the case in the chennai high court and had even got the case number in february this year 2016.Our lawyer had filed complaint regarding the harrassment and hence for their house eviction.Earlier I has even once filed a police complaint against my son in law in 2014 october in the local police station and the police had come and warned my son in law not to harras myself and and my wife.We did not file an FIR and it was a written police complaint to which my son in law has signed a paper and had told the police that he will not harras me and my wife again. I do not have a copy of the signed notice given by my son in law to the police but have only the complaint copy.I had build the house entirely by my savings and now want my daugher and son in law to leave and vacate the house.My son in law who was a bank employee recently retired in September 2015 and started to paint the top floor where he is staying with my daugher and a 12 year old son and beside that took a seperate water connection to a seperate sintex tank on top of our house in the roof portion and removed tiles and changed the kitchen into a modulat kitchen with his retired benefits.He had done all this without my permission.In the start of all this construction and modification my daugher had phoned me and just asked me that they wanted to make some small shelves all within their rooms up stairs where they are residing.But when they started to remove tiles and change the toilet pipes and wash basins and even started to quickly paint the house from out side I felt that my daugher and son in law wanted to some how press the house as their own property.We approached our lawyer and when a notice was sent to them their lawyer who is a family friend of my son in law filed a caveat in chennai lower court to which our lawyer filed a case in the chennai high court and now has even got the case number.In our petition to them to evict the house they also filed a return saying that the police did come and had warned me not to complain against my son in law and went away which is a lie.They also state that due to my old age above 85 iI have become senile and unable to make decisions and state that my elder son who is a permanent resident in america has now come into the picture.All thse only show how desperate they are to some how manupilate the situation and press the house as theor own property.I had been paying the house rent,electricity bills and water and sewrage taxes from day the house was built.My son in law is stating that they were ready to pay all bills but due to my insistence in paying the bills did not pay and his shows my affection to them and that my wife and my two sons have been influencing me to house evict my daugher and son in law which is not true and is a lie.I have even gifted about 3 crores of money as gift deed to my daughter and have now written a will and notorised/registered it that the house will not go to my daugher.Offscourse the will is a secret as of date and will be executed by my auditor on my demise only. Now our laywer is saying that their lawyer had initially contacted him and said that my daughetr and son in law actually has lots of love and affection and my daughetr being a medical doctor is only there to help me and my wife in old age which is again a lie.My daugher is a medical doctor but to say that she is taking care of me and my wife is a lie.To this day after marriage my daughter does not even allow my grandson to come and even see me and my wife but they are falsely charging that my grandson does come and see us regularly and it is because of love and affection that I have given the top portion of the house for my daughetr stay with her family. While I did have some affection to my daughter earler, her husband and now even my daugher have started to take advantage of my old age and want to occupy the entire house and make it their own property.They state that the house is old(about 40 years bulit in 1975) and needs some renovations.Till todat small renovations like water elaks and plumbing were all done by me and I had been paying all the bills but my son in law in his reply notice through their lawyer is denying these facts and are now saying that they had been paying all the renovations hwen the cost was huge and only when the cost was small did I pay for the work which are all lies again.Our laywer has got a lok adalat for the case on May 28, 2016 this year and now I fear that my daughter will drag this case by false allegations and excuses and may not turn up for hearings. The case is simple I feel in that the house was built by my earnings entirely and have to vacate and have no rights whatsoever to saty but due to vested interests now my daughter and son in law does not want to vacate the house and want to make it their own property taking my old age and my wives old age as their advantage and as my last son who is un married, they think that he can go and stay any where and does not need the house.My elder son is abroad and my daugher and son in law is taking advantage of all these situations.I had read some that as per Indian laws if the owner wants the house for his own use and stay the tenents who ever they may be has to vacate.My lawyer says that the lok adalat will be done by a retired high court lawyer and he may not agree if I say that i want the house for my own purpose. I found this strange.My lawyer states that the opposite lawyer will again state that my daughter is there to take care of me and my wife as I am old and so is my wife. The retired high court lawyer who will be in the lok adalat hearing will now deliver a verdict and i hope that with one sitting the case will turn in my favour and they will have to vacte but again I am thinking that my daughter and son in law on advise from their lawyer will try to delay the court proceedings as much as they can.
Any suggestions and dos and donts will be welcomed.
Thanking all of you
subramaniam,
chennai
