- This topic has 11 replies, 4 voices, and was last updated 1 year, 2 months ago by
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SHmmm.
So one critical thing. Your father is now a senior citizen and can legally throw you or brother our if the house is in his name.
So trade carefully.
Once you identify an issue, first focus on laws and how it works in such situations.
Good luck .
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SCould you pls share some information on how he could do that? I think that will certainly help though I’m not able to find any further information on this Senior Citizen Act. How can he file for an eviction, what paper work will be needed, and where does he need to go? Thanks
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SThe Maintenance and Welfare of Parents and Senior Citizens Act, 2007
Again if he owns the house he can throw you out anytime.
So trade carefully
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KNAL
Better to install cameras in your house.
Also report this to the police station get witnesses you/your mom if any
By reporting it you’re making sure there’s a background of domestic violence that your brother has which will support your case in future if he does anything harmful-
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K*Below information is only if your father’s owns the house legally*
1. If It’s a Self-Acquired Property
If the house is:
Bought by the father with his own money, or
Gifted solely to the father, and not ancestral property,Then he has full legal rights to evict anyone, including his children. The son has no right to claim a share during the father’s lifetime.
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2. Protection of Senior Citizens Act, 2007
This law is very helpful in such cases.Under Section 4 and 23 of the Act:
A senior citizen can file a complaint if they are being harassed, abused, or forced to share property.The father can approach the Maintenance Tribunal and request:
Eviction of the abusive son from the house.
Protection from harassment or abuse.
This is a fast and powerful remedy, and the courts generally favor senior citizens in such cases.—
3. Legal Steps He Can Take
1. File a Complaint under the Maintenance and Welfare of Parents and Senior Citizens Act at:
District Collector’s Office or
Maintenance Tribunal.2. File a Police Complaint (if there’s violence, threats, or mental harassment) under:
Section 506 IPC (Criminal intimidation)
Section 323 IPC (Voluntarily causing hurt)3. Serve an Eviction Notice (through a lawyer) if the son refuses to leave.
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4. Common Myths
“Son has a right because he lived there” – False, not if it’s the father’s self-acquired property.
“He must give a share” – False, the father can will or gift the property to anyone.
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