Evicting an abusive family member
1 month ago
My brother is staying in my parents home, he is alcoholic and abusive, this incidences is going on from past 12 years, so we have decided to evict him from our home, parents own the home and we have collected evidence of his abusive behaviour, parents are senior citizens, so what are the steps to evict him
A.Dear Client, the parents has right to live peacefully without abuse which is enumerated in the constitution as right to life and personal liberty. The primary objective of the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 is to ensure that senior citizens can live peacefully in their own homes. Under the said act parents can evict the abusive son from their property.
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A.Dear Client,
In the given scenario, considering the complexity of such an immoral and unwanted issue, if your parents agreed, instead of you, your aged parents can resolve the issue by exercising their rights available under different laws of the land. Amongst others, the following legal remedies are available to your parents to resolve the crisis in the right way. Your parents can file a complaint against their daughter-in-law under the Domestic Violence Act, 2005, and can file an application under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation facing by your aged parents in the hand of their daughter-in-law. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, after giving notice of the application to the children or relative and after allowing the parties to be heard, hold an inquiry for determining the amount of maintenance and based on the merit in the claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, parents including order of eviction of erring children/relatives from the property belong to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift executed in favour of children/relatives who failed to maintain their aged parents/Sr. Citizens. This forum is less expensive and hassle-free to resolve disputes. This benevolent act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abused by their children in their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children/family. Further, an Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, your aged parents may
In the given scenario, considering the complexity of such an immoral and unwanted issue, if your parents agreed, instead of you, your aged parents can resolve the issue by exercising their rights available under different laws of the land. Amongst others, the following legal remedies are available to your parents to resolve the crisis in the right way. Your parents can file a complaint against their daughter-in-law under the Domestic Violence Act, 2005, and can file an application under Section 5 of the Maintenance and Welfare of Parents & Sr. Citizens Act, 2007 before the maintenance tribunal presided over by the SDM/DM explaining therein the nature and details of harassment and humiliation facing by your aged parents in the hand of their daughter-in-law. On receipt of an application for maintenance under sub-section(I) of Sec.5 of the Act, after giving notice of the application to the children or relative and after allowing the parties to be heard, hold an inquiry for determining the amount of maintenance and based on the merit in the claim pass an order for payment of maintenance up to Rs.10,000/-payable by the errant children or relatives to the applicant, parents including order of eviction of erring children/relatives from the property belong to Sr. Citizens/Parents. The Maintenance Tribunal is also empowered under Sec.23 of the Act to cancell a deed of gift executed in favour of children/relatives who failed to maintain their aged parents/Sr. Citizens. This forum is less expensive and hassle-free to resolve disputes. This benevolent act is exclusively enacted for the protection of the safety and security of Sr.Citizens who are being harassed and abused by their children in their sunset years to lead a life with dignity and peace. No Advocate is allowed in the proceedings to represent the case either on behalf of Sr. Citizens or OP, erring children/family. Further, an Elder Help Line (No.14567) is launched by the Ministry of Social Justice and Empowerment exclusively for the protection of the interest of Sr. Citizens of the Country from any kind of crisis from health to wealth, your aged parents may
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