How to make son and daughter in law to vacate the house

My husband died on 16/09/16. I have three daughters(two unmarried and one married) and two sons. My younger son also died on 21/11/2017. After the marriage of my elder son within a period of 1.5 years he and his wife showed a very bad conduct and went to his in-laws. It incurred a huge loss in our family business. He has returned after a period of 10 years after my husband's death and forcibly took our entire business. Now he does not give me any money and also takes the rents of the properties that are in my name. He and his wife torture us a lot and always monitor our activities. I want both of them to vacate my house that is in my husband's name. So kindly advice me with steps and procedure that I should acquire so that they can leave my house and have no legal rights in the future also.

Answers (4)

183 votes

First get your name mutated in the nagar nigam records, so that the house gets transferred in your name. If there is a will in your favor, then file the same before the nagar nigam or if your husband died inte-state, then also by means of Succession Act, you will be the sole owner of the said property. You have both the remedies to initiate civil (eviction suit) as well as criminal proceedings(relevant sections of forceful possession under IPC) against your son and daughter.

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218 votes

As per supreme court decision now a son can not claim his share in the property in his fathers property. For proper execution you need to execute a registered will and has to declare your son no share out of the property. And no relation with him. For complete query kindly contact as and when needed

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307 votes

Don't worry in this type of situation first you consult a competent advocate and file a partition suit for your husband's whole property and business assets. In this suit you with your married and unmarried daughter demand your share in your husband properties and bussiness assets. Your son is entitle only 1/5 share of your husbands whole business Assets and property. For more detail enquiry please contact me thank you.

67 votes

It’s really sad to know your case ,but don’t worry you will get the justice,there are relevant laws ,if property is earned by your husband and no will has been made regarding devolution of the property then it will be shared among the heirs as per Succession law .Give details!

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