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TARUN   21 October 2015

What are the rights of children over their father property

Hi,

My self a 41 year old married person.  Living with my parents and brothers in a single house.  My father is a drunker and abousing all of us and threating us always to threw us out as the house belongs to him.  My question is that wether we have no right on the house.  Morover we all brother are noble person take care of our mother and father but due to driniking habbit  my father use to abuse my mother and us after drinking; if we stop him to not to do so he always threat us to live his house.  Can we have right to stay there or we have no right.  Kindly tell me as I am facing mental torture with my other family members.  Waiting for a right advice what to do.



Learning

 7 Replies

b.goheel   21 October 2015

Hv sympathy fr the nightmare you are experiencing.

frm the post it appears tht your father is only wild when he fail to get his quota.

if drinking and abuse r only problem, thn why not you admit him to rehabilitation centre thn seeking legal soln.

Sumit Nandvani (Advocate)     21 October 2015

Yes u have right on ur father house. Or if u actually face problems by ur father then lodge a complaint of domestic violence in women cell through ur mom. Or u can threw out of ur house. For further query call 8826550368

Kumar Doab (FIN)     21 October 2015

Your counsel may opine to file for DV.

If it is self acquired proeprty of your father then no one has forced share in it in his lifetime.

He has the moral responsibility to maiantina his wife and children.

Try to be self earning and self indipendent as early as possible and be a support ot each other.

Seek help of elders to counsel the father.

.

 

SAINATH DEVALLA (LEGAL CONSULTANT)     21 October 2015

Apart from the suggestions and advices given by the above experts,go through this judgement:

Adult children need parents’ approval to stay with them: Bombay high court

The judge observed that adult children can live in the house of the parents only with the consent of their parents and not otherwise.
MUMBAI: Children, after becoming adults, need their parents' permission to stay in their personal property, the Bombay high court has observed. The court was hearing a dispute over a flat between a 73-year-old resident of Dadar Parsi colony and his 35-year-old daughter who he wants kept out of his house. 

"It is the responsibility of parents to take care of their minor children, but after children have attained majority, they do not get legal rights to reside in the personal property of their parents," said Justice J H Bhatia. "They can live in the house of the parents only with the consent of their parents and not otherwise." 

The court observed that in the case of daughters, when they get married they become part of the husband's family. "When a daughter gets married and leaves the house of the father to reside with her husband, she ceases to be a member of the father's family and becomes a member of the family of the husband where she has got certain rights under the law. After marriage when she goes to the house of the parents, legally she is only a guest in the house and does not have a legal right to continue there. She can stay there as long as her parents permit her but she cannot force herself on her parents in the house." 
 
 
The court rejected Kashmira Robert Lobo nee Kashmira Soli Batiwala's pleas that she should be recognized as a tenant in the Dadar Parsi Colony flat that was originally in the name of her grandmother. 

'Tenancy can't be transferred to grandkids' 

The judge said that since her father, Soli Bahadurji Batiwala, was alive he would be the deemed tenant and her rights would come into effect only after he passed away. 

"When the tenant (the grandmother) was living with her children, at the time of her death, her grandchildren cannot be treated as members of her family and the tenancy cannot be deemed to have been transferred ,'' said the judges. 

The flat which is at the centre of the dispute is located in , Parsi Colony, Dadar (East). The flat belongs to the Parsee Central Association Co-operative Housing Society Ltd and Batiwala's mother was the original tenant. When she passed away in 1980, the tenancy was transferred in the name of Batiwala . Batiwala's daughter married in 1998 and went to live with her husband. Last year, Batiwala moved the city civil court seeking an injunction against his daughter and her husband. 

He urged the court to restrain his daughter and his son-in-law from interfering in his possession of the property and restrain them from entering or staying in the Parsi Colony flat. 

Kashmira objected, saying she was a deemed tenant in her grandmother's property and said the matter should be referred to the small causes court, which hears disputes arising out of tenancy matters. The civil court dismissed her application, following which the case came up before the HC. 

Justice Bhatia said that when Kashmira's grandmother died, her father as the son would be the deemed tenant. "His daughter, who was just aged about four years at the time of death of her grandmother, could not be deemed a tenant in respect of premises on the death of her grandmother," said the judge, adding, "After the death of the parents, she may have certain rights in their property but during the lifetime of the parents, she cannot claim any right in the property of her parents." The court refused to stay the order.

 

b.goheel   21 October 2015

it is a irony tht wife fr one second may get her right with the help of law bt child of own blood r left at the discretion of father.

advocatepassy@gmail.com 971794 (Advocate)     21 October 2015

If it is your father's self acquired property, he has every right to ask you to leave or give it in will to anyone. Mir he had inherited it from his own father, than you all have right on that property.  But why are all you still Saint in his house despite his verbal abuses?


(Guest)

vacate house along with mother and others and leave him with his drink, sooner or later he will become normal.  You and other family members are the problem facers, so take the problem facers out of the equation and leave the problem alone.  Got my point?


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