you are absolute owner of flat .you can bequeath flat to whom soever you desire . if your son refuses to vacate flat issue legal notice and if inspite of notice he fails to vacate file suit for eviction against him .
Shares in my self acquired property
I have a flat bought by me in mumbai. now since last 4 years i and my wife are living at my native UP. i have 2 sons. one is living with me in UP and another son who is in indian coast gaurd living in my mumbai's flat. and they are not giving any rent from last 4 yrs. now i have said him to leave my flat because we want to give it on rent to somebody else for life living.but he is not ready to leave the flat.in this case what should i do with them. Can he get any kind of share from my self acquired property if i dont want? Can i transfer my flats to my younger sons name if i want? Kindly advise me I am very helpless. Awaiting your valuable response. Thanks Santosh
Asked 10 years ago in Family Law
Religion: Hindu
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13 Answers
Dear Sir, I got Your answer very clearly sir, I would like to ask few more question like how much time will it take to create "legal notice"? can he do anything legally to refuse the legal notice? My flat is under SRA (Slum Rehabilitation Authority) scheme. As i know we cant create the gift deed or power of attorney of SRA flats till 10 years. If my understanding is right then kindly guide me an alternate option to transfer the name of flat on my younger son. Santosh
Asked 10 years ago
not more than 2 days . you can send notice by regd post AD . even if he refuses to accept it is valid service .
you are right . you cannot create third party rights on flat for 10 years . but you can make a will bequeathing flat to your younger son absolutely
Thank you so much sir for your valuable and prompt response. If I will have any other issue I will get back to YOU. Thanks Santosh
Asked 10 years ago
thanks for your appreciation
The flat has been purchased by you out of your own hard earned money without any financial contribution made by any of yours sons. It therefore follows that you are the legal owner of this property with absolute rights thereon. You are the master of this property and alone can decide who will reside in the flat. Neither of your sons has the right to even reside in your flat except without your permission.
If he does not leave the flat on his own accord then issue a lawyer's notice to him asking him to vacate the flat. If he does not vacate even after a lawyer's notice then file a case for eviction in court whereby court will order him to leave. He cannot claim any share in the flat.
Legal notice will have to be issued by your lawyer. Once you engage a lawyer it will take not more than a day or two for him to issue the notice.
It is true that you cannot transfer the flat for 10 years, but this does not prevent you from making a will in favour of your younger brother.
You are the absolute owner of the flat and nobody can restrain you to sell it transfer it or do what you want.
You are the absolute owner of the flat
Hi, you become the absolute owner of the property, you can issue notice for eviction and then proceeds for eviction.
Dear All, Thanks to all for your best solution given to me. I have simply said to my elder son to leave my house as he is living since last four years and not paying any amount to us (we don't have the rental agreement, i had said him for the rent verbally, and my younger is taking care of us) and now I want my younger son to live there (in my flat) for next fours years and so on. And I don't want to keep them together as the wife of my elder son is very cruel she is always threats and used abusing words to everyone. So I have decide to evict him. But he is refusing my request due to her wife because she is saying to not leave the house. and he is agreed with her. And he is also ready for the fight with us. So in this case can I ask for Eviction order from the court? or they require any other reason to get an eviction order? if so kindly help what other reason can I say for an eviction order? As you all know its my self acquired property. I will be waiting of your response. Thanks Santosh
Asked 10 years ago
you can issue legal notice to your son . file suit for eviction if you so desire . your son has no legal rights on said flat
Dear Sir, I am glad to see your answer. Means its mine he can not do anything legally. and when ever I want I can evict him. Now I will create a legal notice first, and if not moving from my flat after legal notice then I will go for an Eviction. Thanks for Your Response. Thank You Ajay Sir..,
Asked 10 years ago
thanks for your appreciation . contact a local lawyer and issue legal notice to your son for evicting your flat
my pleasure
Issue a lawyer's notice to your son to leave the flat. If he does not comply with it then move to court for his eviction.