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Son and his wife ill treat us. What actions can i take against them?


24-Mar-2023 (In Property Law)

My son and his wife harass us and don’t treat us well. We asked them to vacate the house but he is not doing the same.

We are retired employees.

How can I ask him to vacate the premises? Am I entitled to get maintenance from him? We will he get any share in my property?

Answers (1)

Answer #1
287 votes

Regarding the share in the property, 

To guide you in a better way we would like to know if the property is ancestral or self acquired.

If the property is self acquired then, you can dispose the property as per your wish and he cannot claim any share in it.

But if the property is ancestral then,

He has share in the same property.

Regarding your maintenance claim,

You can file a case under section 125 of Cr.P.C under which you are entitled to get maintenance from your son.

Now regarding the harassment from your son and his wife,

If the property is self acquired, you can file a case for eviction in the concerned civil court.

Alongside this you can also move the senior citizens tribunal about the cruelty from your son and his wife.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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