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Son occupying DDA flat allotted to me how can I ask him to leave?


02-Feb-2023 (In Property Law)

I have a second floor DDA flat registered in my name. I and my wife live with my younger son in it. I built up part of the terrace which I have given to my elder son to live in. He has further expanded it. (Under DDA bye-laws, I think all of it is unauthorised). He and his wife have become a source of constant mental torture to us, the old couple.. They refuse to vacate the premises. What can I do? I am 77- year old and my wife is 69 plus. We have no problem with the younger son's family.

Answers (2)

Answer #1
600 votes
Under the recent supreme court's judgments on maintenance and welfare of senior citizens act, you have a plethora of choices. You can file a civil suit for declaration and possession of the suit premises. Also under the MAWSC Act you can also make them leave the house alongwith compensation. You are advised to contact for comprehensive and conclusive opinion.
Answer #2
987 votes
If you want to do it through court, You can file for a suit for possession and perpetual and mandatory injunction in which you can ask his to vacate the premises and remove the illegal construction.

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