Can my son and daughter-in-law be evicted from my (father) house ?


Adult children can live with parents in their house only till the time the latter want them to. In 2016, the Delhi High Court ruled that ‘a son, irrespective of his marital status, has no legal right to live in his parents’ house, and can reside there only at their will. However, if the children are abusive, the parents have a blanket right to evict them. This is as per the rulings of various high courts in cases involving senior citizens, who appealed to the courts on being harassed by their kids.

The eviction holds as much for a married and unmarried son, as it does for a daughter, and even the son-in-law or daughter-in-law.In 2017, the Delhi High Court ruled that the elderly parents who are abused or mistreated by children can evict them from any type of property, not just a selfacquired one. The property can be self-acquired, ancestral or even rented, as long as the parents are in its legal possession.

This is an improvisation of the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which specified that the children could be evicted only from a self-acquired property of the parents. So looking into this you have the right to ask your son and daughter in law to leave the house and its is self acquired propert and if they deny to do so you can take help of the police and court by filing a complaint against them.

Reference: Maintenance and Welfare of Parents and Senior Citizens Act, 2007. Senior Citizens Act, 2007 Case Laws: Sandeep Gulati vs Divisional Commissioner



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