Mr. Aarav, an 18-year-old student, recently began earning and investing his money, primarily in stocks and mutual funds. He lives with his father, Mr. Verma, a police officer in the state of Pradeshgarh. Aarav is financially dependent on his father for his living arrangements but has managed to build his own assets to a substantial sum through his earnings and investments.

Aarav is concerned because his personal assets are growing to a point where they will soon exceed his father’s monthly income. He fears that if his father discovers the extent of his wealth, he will be forced to pay rent or contribute a large portion of his earnings to the household. More alarmingly, Aarav mentions past incidents where his father threatened to use force or evict the family, prompting him to maintain a secret emergency fund. This fund would allow him to secure alternative housing for several months if he were suddenly forced to leave home.

He is in a dilemma: he wants to protect his financial autonomy and safety, but he is also worried that his undisclosed wealth might inadvertently cause legal trouble for his father, given his position as a government servant. Having already spent a significant amount of money to maintain his financial privacy, Aarav is confused and hesitant to seek professional advice from a lawyer or a chartered accountant, fearing he won’t be taken seriously due to his young age.

Advice in such cases

Navigating financial independence while living with parents can be complex, especially when family dynamics are strained. Here is some general advice for an adult in such a situation:

• Understand Your Legal Rights: As an 18-year-old, you are legally an adult in India. Your income, earnings, and assets are your personal property. You have no legal obligation to disclose your financial details to your parents or anyone else.
• Financial Autonomy: Your parents cannot legally lay claim to your earnings or savings. Any attempt to force you to hand over your money through threats or intimidation can be considered extortion or coercion.
• Living Arrangements: While you have a right to your own money, as an adult, you do not have an indefinite legal right to live in your parents’ property free of cost. They can legally ask you to contribute to household expenses or even ask you to move out, provided they give you reasonable notice. They cannot, however, throw you out forcefully without following a due legal process.
• Safety is Paramount: Any threat of violence or forced eviction is a serious matter. It can be considered a form of domestic abuse or criminal intimidation. Your priority should be to ensure your physical and emotional safety.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Several legal provisions under Indian law are relevant to this scenario:

• Bharatiya Nyaya Sanhita, 2023 (BNS): If there are threats of harm or violence, provisions related to criminal intimidation (Section 351 of BNS), extortion (Section 326 of BNS), and assault could be applicable.
• Maintenance and Welfare of Parents and Senior Citizens Act, 2007: This act places an obligation on children to maintain their parents, but it does not give parents a right to their adult children’s entire income or assets.
• Prevention of Corruption Act, 1988: The concern about the father being a government servant is valid. If an official’s family member has assets disproportionate to their known sources of income, it can trigger an investigation. However, if you can prove that the assets were generated from your own legitimate sources of income and that your accounts were not used for any benami transactions, your father would not be held liable for your wealth.

If you are the complainant

If you are a parent in a situation where your adult child is living with you but you are unaware of their finances and feel they should contribute, here are the steps you might consider:

• Communication: The first step should always be open and honest communication. Discuss household expenses and expectations regarding financial contributions.
• Formal Agreement: You can create a formal rental agreement if you wish for your adult child to pay rent. This clarifies the arrangement and makes it legally binding.
• Legal Notice for Eviction: If you want your adult child to move out and they are unwilling, you must follow the legal procedure. This typically involves sending a formal legal notice asking them to vacate the premises within a specified, reasonable period. You cannot use force.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

If you are the adult child facing threats and financial coercion, you should take the following steps to protect yourself:

• Secure Your Finances: Ensure that your bank accounts, investment accounts, and other financial assets are secure. Use strong, unique passwords, and ensure no one else has access to them. Do not hold joint accounts with the parent in question.
• Document Everything: Keep a record of any threats, demands for money, or instances of aggressive behaviour. This can include dates, times, what was said, and who was present. Digital evidence like text messages or emails can also be very important.
• Create a Safety Plan: Your plan to have an emergency fund is wise. Identify a safe place to go if you are forced to leave home suddenly. Keep important documents (ID, educational certificates, financial records) in a safe and accessible place.
• Report Threats: If you are threatened with violence, you have the right to report it to the police. While this can be a difficult step to take against a family member, your safety is the priority.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police intervention in domestic financial disputes can be challenging. Often, they may view it as a “family matter” and encourage mediation rather than formal legal action. However, if there is a clear complaint of a cognizable offense, such as criminal intimidation, extortion, or assault, they are legally bound to register a First Information Report (FIR) under Section 173 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) and investigate the matter. The fact that the father is a police officer could complicate the situation, potentially leading to bias at the local level. In such cases, approaching a more senior police official (like the Superintendent of Police) or the State Police Complaints Authority may be necessary.

FAQs people normally have

• As an adult living with my parents, do I have to disclose my salary to them?
  No. There is no law that requires an adult to disclose their personal financial information to their parents. Your financial affairs are private.
• Can my parents legally take my earnings?
  No. Your earnings are your property. If they take your money without consent, it is theft. If they use threats to make you give them money, it could amount to extortion under Section 326 of the BNS.
• Can my parents kick me out of their house without notice?
  No. While you do not have a permanent right to live in their house as an adult, they cannot evict you forcefully or without giving you reasonable time to find alternative accommodation. They must follow a proper legal process.
• Will my personal income cause legal trouble for my father, who is a government servant?
  Not if your income is legitimate and you can prove its source. You should maintain proper records of your earnings and investments and file your income tax returns. Problems arise only if it is suspected that your father is using your account to hide his own illicit wealth.

What evidence is required?

To protect your position, whether in a civil dispute or a criminal complaint, the following evidence is crucial:

• Proof of Income: Salary slips, bank statements, contracts, or any other documents showing the source of your earnings.
• Investment Records: Statements from your demat account, mutual fund folios, and other investment proofs.
• Communication Records: Text messages, emails, or any written correspondence where financial demands or threats were made.
• Recordings: Audio or video recordings of conversations where threats are made can be powerful evidence, although their admissibility in court has specific legal requirements.
• Witnesses: Testimony from any other family member or friend who has witnessed the threats or coercive behaviour.

How long will the investigation take?

The timeline varies greatly depending on the nature of the case. If a criminal complaint (FIR) is lodged for offenses like intimidation or extortion, the police are required to complete their investigation and file a final report (chargesheet) before the court. As per the BNSS, this process should ideally be completed within 90 days, but it can often take longer depending on the complexity of the case. The subsequent court trial can be a lengthy process, potentially taking several years to conclude.

Advocate Sudhir Rao, Supreme Court of India