Response

A father can disinherit his son from his self-acquired property only, and not from his ancestral property. Self-acquired property refers to property that is not inherited but is self-made out of oneÕs own funds and resources. Property acquired through a brother or an uncle may also be categorised as self-acquired.

A property acquired through a gift deed or through a will is also self-acquired. Ancestral property is that which is inherited from a common ancestor- from father, grandfather or great grandfather. The common ancestor should be a direct male lineal ancestor.

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 Ôa son, irrespective of his marital status, has no legal right to live in his parentsÕ house, and can reside there only at their mercyÕ. However, if children are abusive, 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.

In 2017, the Delhi High Court ruled that the elderly parents who are abused by children can evict them from any type of property, not just a self-acquired one. The property can even be ancestral or rented, as long as parents are in its legal possession.

An elderly parent can file an application to the Deputy Commissioner or District Magistrate to evict abusive children. the application is forwarded to the Sub-Divisional Magistrate, who has to send the report with final orders within 21 days. If the property is not vacated within 30 days, the Deputy Commissioner can have it evicted forcibly. As per a high court ruling, the Senior Citizens Maintenance Tribunal also has the power to order the eviction of children.

Reference: Maintenance and Welfare of Parents and Senior Citizens Act, 2007

2021001252021004212031

LAWAYZ-2023-464