Asked in Property
file a complaint to senior citizen protection cell.
These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem. Supreme Court in case of Sunny Paul v. State (NCT of Delhi) held that the tribunal has ample of powers to pass an order of eviction under the provisions of Maintenance and Welfare of Parents and Senior Citizens Act, 2007. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases. This legal notice is to be sent through Advocate. You can also lodge an FIR in the nearest Police Station nearby to your place or call Police Headquarters, they will register the FIR on call. You may contact my secretary to connect with me for clarification.
Justice Navin Chawla in Delhi High Court has held that a senior citizen has a right to evict his children from the property even if no ill treatment is done. The case is titled as Sandeep Gulati vs Divisional Commissioner decided on*Phone*. The Bombay high court (HC) has held that senior citizens tribunals, established under provisions of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, can evict abusive children from the resistance of their aged parents even if it is an ancestral property.
your father can file an application to evict the son & his wife to evict from the house under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007.
your parents should file a case in senior citizens act to let him out
Dear Sampad, First file police complaint at your concerned police station of your location and send a copy to the same complaint to Superintendent of police.This step will create fear among the involved person. Apart from this, file simple application for maintenance and to seek eviction order against your brother and his wife at concerned District Magistrate office under senior citizen welfare act. You can take aid of Helpline no. zero three eight one- two three two - five seven eight four for the Senior Citizens For seeking advice.
You can approach the Senior Citizen Tribunal or Senior Citizen Help Cell or Police Commissioner to teach him a lesson. Please give me Rank 5 if you feel my answer helped you. http://socialjustice.nic.in/UserView/PrintUserView?mid=52569
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