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How to get my son out of my house.


13-Oct-2023 (In Family Law)
We are a joint family and Hindus by religion. I have 2 sons, both married. My dot in law of elder son comes from joint family and my dot in law of younger son comes from a nuclear family. I also have a grandson from my elder son. Since the marriage of my younger son, we are facing conflicts and disputes in the family. My younger son and his wife has insulted us in may instances and the people know it. Now I want that my younger son should leave my house and arrange for his own accommodation. But he is not ready to leave my house. The property is in joint name- I am the 1st holder, my wife 2nd and younger son's name was added for loan purpose. Please note not a single penny is given by my younger son all the EMI's are paid by me. Kindly guide how to proceed further since we are facing lot of mental and other harassment.
Answers (2)

Answer #1
529 votes
Since you are karta of HUF Mortgage that property and take money,ask your younger son to pay emi of loan amount, if he denied ask him to execute release deed of his share in your name. If he denied to execute release deed. Claim monthly maintenance, or rent out property for few months, send a legal notice to your dot in laws father regarding her behaviour that will be a record for future reference.ask your daughter to file a case for her share in the property.
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Advocate Sharad Malode

Adv. Sharad Malode

LawRato Pune | 100+ Answers
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Answer #2
961 votes
Stop paying EMI. Bank will take possession of the house and all the members will be required to vacate the house. At that time you can ask your youngest son either to pay the EMI or assure to step out of the house. Then you can make a settlement deed with your son that you will pay the EMI and he will have no rights to possession of the house. Also you can arrange for an alternative accommodation to younger son and settle some amount and in turn transfer his share to your elder son.
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Advocate Ramgopal Aiyer

Adv. Ramgopal Aiyer

LawRatoNavi Mumbai | 200+ Answers
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