Son living in father's property receives eviction notice after family feud, he fights back in court; Delhi High Court orders son's family to vacate

n December 2012, a legal notice arrived at a ground-floor flat in Paschim Vihar, New Delhi, demanding that Raj Kumar pack up his belongings and leave. He had lived in the house for over two decades with his wife and two young daughters, but the man asking him to leave was not a distant landlord—it was his own father, Attar Singh.

What began as a quiet family arrangement in 1990 slowly turned into an ugly war over property rights, commercial sub-letting, and cut-off utility lines. When Raj Kumar chose to stay and fight his father in court, he set off a 13-year legal battle that would outlive him and eventually leave his surviving family with a final eviction order from Delhi High Court.

Justice Neena Bansal Krishna partly allowed an appeal by the widow and her two daughters. Judgment came on 12 October 2026. Possession decree stays, but damages awarded against the family were set aside.

What Is The Case About?

Father bought a ground floor Janta Flat in 1988. Both sons lived there after marriage. He says the elder son and wife kept picking quarrels, so he moved the younger son elsewhere and let the elder son’s family stay free of charge as licensees.

Father alleged the elder son rented front rooms to a kabadi shop and a photostat shop at Rs 4,000 a month each. He put out a newspaper notice on 4 June 2006 disowning his son and daughter-in-law. A criminal case was withdrawn in 2011 after the son promised to vacate. A legal notice ending the licence followed on 1 December 2012.

Father said the family stayed only with his permission. He claimed he bought the flat from his own savings while his son was still learning motor repair. He sued for possession and damages.

What Did The Son Say?

Son said he was a tenant paying Rs 1,000 a month in cash since February 2006, with no receipts. He said the father himself brought in the shopkeepers and was trying to push his family out without following due process.

Son’s defence was struck off in September 2014 after he did not pay Rs 5,000 in costs. He died on 25 July 2015, and his wife and daughters were brought on record as legal heirs. Trial court decreed the suit on 22 May 2023, ordering the flat handed over and damages of Rs 10,000 a month from 1 January 2013.

What Did The Widow Argue In Appeal?

Widow said she came to the flat after marriage and lived there as part of a joint family, making it her shared household under Domestic Violence Act. Daughters said they claim no ownership, only a right to stay. Family also said workshop income bought the flat.

Son never denied his father’s ownership, and his wife and daughters entered the flat through him. Having stepped into his shoes, they cannot attack title papers, court held, citing Section 116 of Evidence Act.

Nothing showed any joint family business or any money from the son, court noted. Citing Supreme Court ruling in D.S. Lakshmaiah, it said whoever claims joint property must prove it.

Still, the 2006 notice could not wipe out a relationship that already existed. It cited an earlier Delhi High Court ruling, which said disowning a son has no “dispositive legal effect” of breaking all legal ties.

Does Husband’s Death End Right To Stay?

Court added that a father-in-law must support a widowed daughter-in-law who cannot support herself, and support under Hindu Adoptions and Maintenance Act includes a place to live. Nothing on record showed the widow had income or property.

Father has lived elsewhere with his younger son since 2001 or 2002. Widow has stayed in the flat for over two decades, with no other home shown. Justice Krishna wrote that court must “mould the relief so that the woman is not deprived of shelter”.

Father gave no proof of rent value beyond his own affidavit, and in cross-examination he valued the flat at Rs 15 lakh to Rs 20 lakh in February 2019. Widow and daughters cannot be treated as unauthorised occupants till alternate housing is arranged.

What Is The Final Order?

Appeal is partly allowed. Possession decree is upheld, but can be executed only after the father arranges suitable alternate housing for the widow in the same or a nearby locality, or pays Rs 15,000 a month as rent. Executing court will check compliance first.