Can a mother ask her son to vacate the property.

895 votes

Normally the settlement arrived between the parties in mediation is binding on them but when the mediation report is sent to the court both the parties have to be present in the court. The Judges do ask both parties whether they have settled the dispute in mediation and the matter stands disposed-off. So you will have to be present in court on the next date of hearing. Yes when your mother is the absolute owner of the property she has the right to ask her son to vacate the premises on such and such reason. It is not an ancestral property and bought by your grand father who transferred it to your mother. Had it been an ancestral property then you can claim your right/share. But in the given situation the mother has her say in the property.

Advocate S. Sethu Mahendran LawRato

963 votes

Yes a mother can ask her son to vacate the property if she is the absolute owner of the property, not otherwise.
There could be understanding of Mediation in mediation proceeding, which need to be affirm by the both the parties before the court between them mediation has been done.
The status of the property in your case is ancestral, as property is in name of mother but bought by Mother's Father(Maternal Grand Father), all the legal heirs of Maternal Grand Father has equal right on the property.

Advocate Naveen Kumar Shelar LawRato

510 votes

Matter will be settled when both the parties are present at the time of mediation. After the mediation, your statement will be recorded in concerned court, thereafter the matter will be consigned. If the property is in mother's name , she has every right to vacate the premises. But you have to check whether she has proper documents of the property or not? Best of luck.

Advocate Atul Patni LawRato