Q-1 Can parents remove a son from their home?
Can parents remove a son from their home? If the children behave poorly then the parents have the right to evacuate them immediately.
We feel everything from our parents. Our upbringing is this way. But, sometimes in the relationship of children and parents, every border is crossed. There can be some reasons for this. In that case, can parents ask the children to leave the house? Come, let us know the answer to this question here.
When can parents remove children from their home?
Adults can stay at home with their parents for as long as they want. In 2016, an order was given by the Delhi High Court. In this, the court said that the son can live in his house only on the will of the parents. If the parents do not want, they do not have the legal right to live in their house. Whether he is married or not.
If the child abuses, then the parents have the right to evacuate the house immediately. In many cases related to the elderly, various High Courts have ruled in this regard. He appealed in these courts after losing out on the harassment of children. There is no meaning in the eviction of the house by the son being married or not. The same applies in the case of daughter and son-in-law.
Is the right to vacate the house only for its property?
In 2017, the Delhi High Court gave a ruling. In this, it was said that the elders whose children behave poorly with them, they can evict the children from any kind of property. This is not applicable only for your property. This property can be their own, ancestral and even for rent which is in their legal possession. The Maintenance and Welfare of Parents and Senior Citizens Act 2007 has improved in this regard. At first the parents only had the right to remove the children from their own property.
Do the evicted children have any legal right to the property?
The parents may remove the child from their home, but there is no provision for abandoning them. In the case of their own property, the parents can evict the child. For this, his name can be removed from the will.
However, in the case of ancestral property, the parents have no control. The reason is that from birth, the child becomes the authority on him. In the will, they cannot remove the child from the ownership of the property.
In this way, if the relationship between the parents and the child is not cordial and the child is removed, then he can take the property as the legal heir.
What is the way to remove children?
Elderly parents can file an application with the Deputy Commissioner or District Officer to vacate the house from abusive children. In Delhi, this application is given to the Sub-Divisional Magistrate. They have to send their report with final orders within 21 days.
If the property is not evacuated within 30 days, then the Deputy Commissioner can forcibly evacuate it. According to the order of the High Court, the Senior Citizens Maintenance Tribunal also has the right to vacate the property from the children who harass the parents.
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Parents | Evicted | Son | Children | Property | Son | Property
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posted by VISHAL KUMAR @ November 12, 2020
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