Anonymous
Asked September 07, 2016

Evicted by father

  • 1 Answer
  • 197 Views

I am living in the ancestral property which is registered under Rajasv department in the name of my grandfather who is retired manager of SBI ,but due to some conflict he want to evicted our family from the house under Senior Citizen Act 2007. He also has another property but he want to evict us from the house. What do we do?

Answer 1

Hi! Thank you for writing to us. Here's our response. Hope it helps.   Well, your grandparents are eligible to claim the ancestral property under section 22 of the Senior Citizen Act, 2007. However, Senior Citizen Act is a welfare legislation to protect the life and property of the senior citizens and this legislation to a great extent aims to oblige the children to maintain their parents.   Under section 22 of the Senior Citizen Act, 2007 the District Magistrate can pass orders to carry out the objectives of the Act, including eviction.

However, here the property in dispute is an ancestral property and as per the Hindu laws you have a right over the ancestral property by birth. The definition of 'Ancestral property' is the property which is inherited by the male lineage of four generations. And the children have the rights over the property by birth. 

Hence, even though your grandparents can claim the property from you, they can only do so to the extent of their shares in the property. Hence, in case you do not wish to continue living with your parents/grandparents you can simply ask them for the partition and only after equal divisions of the property can they evict you from the property. They cannot force you to leave/evict your share of the property nor can they refuse to undergo partition if you all want to enjoy your own shares in the property. 

 

If it had been a separate property then under Section 22 of the Senior Citizen Act, 2007 the orders to evict from the property if passed by the Tribunal then you had no other option but to evict from the house. 

 

The best possible solution for you to settle the dispute peacefully, outside the law. 

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