Legal action against the father forcing to vacate the house

528 votes

Dear Client,

First I need to apprise you that your father has full right to sale / vacate the premises as the sale deed is registered in his name, hence you can do the following to pressurize your father -

1. If your father have married with another women without divorce then ask your mother to register a Police Complaint immediately against your father U/S 494 IPC, as such marriage is void by reason of its taking place during the life of such husband or wife, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

2. If your father living with another women in live-in-relationship then your mother can register a Police Complaint U/S 497 IPC for adultery apart from that she can apply to the court for restitution of conjugal rights the twilights of divorce, thereafter she can go for divorce and also she can claim maintenance amount for herself and her kids (if minor) from your father.

By this way you can maintain the pressure on your father, he will not do anything again if you do so.

Regards,
Pankaj Agarwal
Advocate - Delhi High Court

Advocate Pankaj Agarwal LawRato

507 votes

You will need to file appropriate proceedings in court to protect your possession and not be vacated. This is subject to the circumstances of your case and the terms and conditions of the sale deed or any other document that may have been executed.

Advocate Ekta Mehta LawRato

559 votes

You and your mother need to file maintenance petition against him and file Domestic violence case against him in which court will order for residence and monthly maintenance.

Advocate Laksheyender Kumar LawRato

801 votes

Need not worry . Your father have already committed a criminal offence bigamy.
Section 17 in The Hindu Marriage Act, 1955
17 Punishment of bigamy. —Any marriage between two Hindus solemnized after the commencement of this Act is void if at the date of such marriage either party had a husband or wife living; and the provisions of sections 494 and 495 of the Indian Penal Code (45 of 1860), shall apply accordingly.

To safe guard full interest of the entire family file a case immediately. This will give you a edge at second stage to claim your share from the property. Even if your father tries to sell the property you can file a suit to stay the same proceedings . Your mother have all right to file such suit even to claim her share immediately.
At any cost your father cannot make you vacate the house.

Advocate Vijay Sahni LawRato

616 votes

you can file complaint under domestic violence act before the court of ld Judicial Magistrate wherein you can seek maintenance from him and also you can get stay against him for not dispossessing you and you can get stay for against him for not selling this property or creating third party interest regarding this property

Advocate Kamal Katyan LawRato