Demolition Notice Response For Residential Property

If you are dealing with demolition notice response for a residential property, this guide sets out the legal position, the documents you will need, the usual steps and the mistakes that cost people time. The firm of Advocate B.K. Singh handles this work from offices in Dwarka, New Delhi and Vaishali, Ghaziabad.

In short. A demolition notice is usually a show cause notice: the authority must hear you before it orders demolition. Reply in writing within the time given, attach the sanction plan, title papers and photographs, ask for a personal hearing, and apply for compounding where the deviation is compoundable. If a demolition order is passed, appeal at once and seek a stay; a High Court writ is for illegal or rushed action.

A demolition notice gives you a short window and very little explanation. It may come from the Municipal Corporation of Delhi, the Delhi Development Authority, the Ghaziabad Development Authority, the Noida or Greater Noida authority, a Haryana municipal body or the town planning department, or from a revenue officer who says the structure stands on public land. Whatever the source, the law almost always requires the authority to tell you what is wrong, hear your side and pass a reasoned order before anything is pulled down. The reply you file in the first few days decides how much of that protection you actually get.

This page explains how a demolition notice response works in practice: the laws behind the notice, what to check on the paper, how to write the reply and prepare for the hearing, when to appeal and when to go to the High Court, how compounding and regularisation fit in, and how the answer changes for a flat, a shop, a factory, a hospital, farmland, or a property held by a bank, an NRI or a company. It also says honestly when a structure cannot be saved, because money spent fighting a hopeless case is money not spent on a compounding fee or a negotiated partial removal.

Law

Municipal and development authority laws: Delhi Municipal Corporation Act 1957 (s.343, 344, 347B), DDA Act 1957, UP Urban Planning and Development Act 1973 (s.27), UP Industrial Area Development Act 1976, Haryana municipal and town planning laws; Supreme Court directions of 13 November 2024 on demolition

Forum

The issuing officer (show cause and hearing), then the statutory appellate body such as the Appellate Tribunal MCD in Delhi or the Chairman of the development authority in UP; writ jurisdiction of the High Court under Article 226 for illegal action

Time limit

The period stated in the notice, and under the Supreme Court directions at least 15 days from receipt or the period in the local law, whichever is later; appeals usually within 30 days of the order; act within days, not weeks

Documents

The notice and envelope, title deed, sanctioned building plan, completion or occupancy certificate, property tax receipts, mutation, photographs and video, earlier notices and replies, any compounding or regularisation application

Who can reply

The owner, a co-owner, an occupant or tenant in possession, a buyer under an agreement, a lender holding the property as security, or an authorised representative under a power of attorney or board resolution

What a demolition notice is and who sends it

A demolition notice is a written direction from a public authority saying that a building, or part of it, was built without sanction or in breach of the sanction, and that it may be removed. In most cases the first paper is a show cause notice, which asks you to explain why the construction should not be demolished. The actual demolition order comes later, after you have had the chance to answer. Confusing the two is the most common mistake people make, because a show cause notice is an invitation to argue, while a final order needs an appeal.

The issuing body depends on where the property is and who controls planning there. In Delhi it is usually the building department of the MCD, the DDA for land and colonies it controls, the NDMC in its area, or the Cantonment Board. In Ghaziabad it is the GDA or the municipal corporation; in Noida and Greater Noida, the industrial development authority; in Gurugram and Faridabad, the municipal corporation, the town and country planning department or HSVP. Revenue officers such as the Tehsildar or the Sub-Divisional Magistrate send their own notices when the complaint is encroachment on public, gram sabha or government land.

The ground stated in the notice matters more than the letterhead. Construction without any sanction, deviation from the sanctioned plan, extra floors, encroachment on setbacks or public land, change of use, and dangerous condition of an old building are all treated differently. Some deviations can be compounded on payment; others cannot be saved at all. Read the ground first, because the whole response is built around it.

The laws behind demolition notices in Delhi, Noida, Ghaziabad and Gurugram

The Supreme Court's 2024 directions on demolition

On 13 November 2024 the Supreme Court laid down pan-India directions for demolition of structures, and every authority is bound by them. No demolition can take place without a prior show cause notice, returnable within the time fixed by the local law or 15 days from the date the notice is received, whichever is later. The notice must be sent by registered post with acknowledgement due and also pasted on the structure. It must state the nature of the unauthorised construction, the specific violation, the grounds for demolition and the date of a personal hearing.

After the hearing, the authority must pass a final order that records your contentions and gives reasons, including why compounding or partial demolition will not do. Even after a final order, the structure cannot be demolished for 15 days from the date you receive it, so that you can appeal or approach a court. The demolition itself has to be video recorded, and the court warned that officers who disobey the directions may face contempt and personal liability to restore the property.

There are limits. The directions do not apply to unauthorised structures on public places such as roads, streets, footpaths, land along railway lines or water bodies, or where a court has itself ordered demolition. They also do not make illegal construction legal. What they give you is time and a fair process, and a reply that uses that time well.

Types of notice and how to respond to each

How to respond to a demolition notice, step by step

The order below assumes a show cause notice. If a final order has already been passed, move straight to step five.

1. Note the dates

   Write down the date on the notice, the date it was received, the date it was pasted, and the last date for reply or hearing. Keep the envelope and the speed post tracking print. These dates decide whether the authority followed the 15-day rule and whether your appeal is in time.

2. Stop any ongoing work

   If construction is going on, stop it and photograph the exact stage. Continuing work after a notice is the quickest way to lose sympathy at the hearing and invite a sealing order. It also weakens any later argument that the deviation is old or minor.

3. Collect the papers and inspect the file

   Gather the title deed, sanctioned plan, completion or occupancy certificate, tax receipts and earlier correspondence. Apply to inspect the authority's file or ask for a copy of the inspection report and photographs relied on. A reply drafted without seeing what the authority actually has is a reply drafted half blind.

4. File a written reply and ask for a hearing

   Answer each allegation, attach documents, admit what cannot be denied and offer a remedy for it. Ask in writing for a personal hearing and for compounding where the deviation falls within the bye-laws. File the reply against receipt or by registered post, and keep a stamped copy.

5. Appeal any final order without delay

   If a demolition order is passed, file the statutory appeal within the period allowed (commonly 30 days) and press for an interim stay on the first date. The Supreme Court's 15-day window after the final order exists for this purpose, so use it.

6. Go to the High Court only when the process is broken

   A writ petition under Article 226 is the right step when there was no notice, no hearing, no reasoned order, demolition is threatened inside the 15-day window, or the authority is acting with obvious mala fides. Courts expect you to use the appeal first in ordinary cases.

Throughout, keep someone on site with a phone. If a demolition team arrives in breach of the directions, record it, ask for the order, and inform your lawyer immediately so that an urgent mention can be made.

Reading the notice: defects that matter

Start with the description of the property. Notices are often issued against the wrong floor, the wrong khasra number or the wrong owner, especially in builder floors, shared plots and unauthorised colonies where house numbers are informal. A notice against someone who is not the owner or occupier, or against a portion you do not hold, needs a reply that says so clearly and asks for the notice to be withdrawn as against you.

Next look at what violation is actually alleged. A notice that just says 'unauthorised construction' without stating what was built, on which floor and in breach of which provision is vague, and vagueness is a real ground under the Supreme Court directions. Ask for particulars in the reply. At the same time, do not build your whole case on a technical defect, because the authority can simply issue a fresh, better notice.

Check service and timing. Was it sent by registered post and pasted on the structure? Is the hearing date at least 15 days after receipt? Is the officer who signed it the one with power under the Act? Was a similar notice for the same construction disposed of earlier? Each of these points can go into the reply and, later, into the appeal or writ if the authority ignores them.

Writing the reply to a demolition notice

The reply should read like a short, organised answer from a reasonable owner, not an angry letter. Open with the property details, your status (owner, co-owner, occupant) and the documents that prove it. Then take each allegation in turn. Where the construction matches the sanctioned plan, say so and attach the plan with the relevant portion marked. Where there is a deviation, describe it accurately, say when it was made and by whom, and say whether it is compoundable under the bye-laws.

Offer a remedy where one exists. That may be an application for compounding on payment, a revised plan for sanction, an undertaking to remove a specific non-compoundable portion such as a projection over the road, or a structural safety certificate. Authorities are far more willing to accept a reply that solves their problem than one that denies everything. Ask for a personal hearing, ask for copies of the inspection report and complaint, and ask that no coercive step be taken until the reply is decided.

When Advocate B.K. Singh reviews a draft reply to a demolition notice, the first thing he checks is whether the reply quietly admits something it did not need to, such as an extra floor being 'recent' when tax records show it has been assessed for years. Old construction that the authority taxed, supplied with water and electricity, or inspected without objection is not automatically legal, but the history affects the hearing, and a careless sentence can throw it away.

Documents to collect before the reply

The personal hearing

The hearing is usually before an engineer or designated officer of the authority, and it is short. Go prepared with an indexed set of papers, a one-page note of points and a marked copy of the sanctioned plan. If the dispute is about measurements, ask for a joint inspection or demarcation in your presence. If it is about the age of the construction, show tax records and photographs. Ask that your submissions be recorded in the minutes, which the Supreme Court directions now require.

Do not argue the case the officer cannot decide. An engineer cannot regularise a floor the bye-laws forbid, and pleading hardship on that point wastes the hearing. Focus on what is within his power: whether the alleged deviation exists, whether it is compoundable, whether partial removal will cure it, and how much time you need. A request for a reasonable time to remove a small non-compoundable portion yourself is often granted and avoids a demolition team damaging the rest of the building.

Appeal against a demolition order

An appeal is the main remedy once a demolition order is passed. In Delhi, orders of the MCD under section 343 and related sections go to the Appellate Tribunal MCD, and a further appeal lies to the District Judge. In areas under the UP Urban Planning and Development Act, such as GDA territory, the appeal goes to the Chairman of the authority within 30 days. Haryana laws and the DDA, NDMC and cantonment laws provide their own appellate officers. The notice or order often names the appellate authority; if it does not, that omission is itself a point in your favour.

File the appeal with a certified or attested copy of the order, the reply and documents placed before the officer, and an application for interim stay. Ask for the stay on the first day, because once an appeal is admitted and status quo ordered, the pressure eases. The tribunal or appellate officer will look at whether the order follows the hearing, deals with your reply and is legally sound. New documents can be filed with an application explaining why they were not produced earlier.

In demolition matters that reach Advocate B.K. Singh's office, the weak point is usually the time lost between the order and the appeal. Owners spend two weeks trying to 'manage' the matter informally, the window passes, and the appeal then has to begin with a delay application. File first; settlement talks can continue alongside.

Writ petition in the High Court: when it helps

A writ petition under Article 226 asks the High Court to stop illegal action by a public authority. It is the right step when there was no show cause notice, the hearing was denied, the order gives no reasons, demolition is threatened before the 15-day period runs out, the authority has no power over the area, or the action is selective and mala fide. In those cases the Delhi High Court, the Allahabad High Court and the Punjab and Haryana High Court can grant urgent interim protection, sometimes on the day of mention.

High Courts are also clear about what a writ is not. It is not a substitute for the statutory appeal where an appeal is available and effective, and it does not protect construction that is plainly illegal. Courts have repeatedly declined relief where the owner built in defiance of a stop work order or on public land, and the Supreme Court has said that unauthorised construction should not be regularised merely because time has passed. A writ is a shield against an unfair process, not a licence for the building.

If you do file, the petition must disclose every earlier notice, reply, order and case about the same structure. Suppression of an earlier dismissed petition or a pending appeal is a common reason writs are thrown out with costs. Our page on cases in the Delhi High Court explains how urgent mentioning and listing work.

Civil suits and demolition threats from private parties

A civil suit is usually not the route against a municipal demolition order. In Delhi, section 347E of the DMC Act bars civil courts on matters the Appellate Tribunal can decide, and similar bars exist in other statutes. A civil court can still step in where the action is wholly without jurisdiction, for example a notice by an authority with no power over the area, but such cases are rare and need careful pleading.

Civil courts are the main forum when the threat comes from a private party. A neighbour, co-owner, society or developer who threatens to pull down a wall, block a staircase or remove a structure on a disputed strip has no power to do so on his own. A suit for permanent injunction with an interim relief application under Order 39 rules 1 and 2 CPC is the normal remedy, and if a demolition has already happened, the suit can claim restoration and damages.

The reverse situation is common too. If you are the one troubled by a neighbour's illegal building, the remedy is a complaint to the authority and, if it does nothing, a writ for enforcement. Our page on an illegal construction complaint covers that side.

Compounding and regularisation

Compounding means the authority accepts a deviation on payment of a fee instead of demolishing it. Building bye-laws in Delhi, UP and Haryana allow compounding of minor deviations, such as small changes in internal layout, limited excess coverage or height within set margins, but not of encroachment on public land, extra floors beyond the permissible limit, or construction that affects structural safety or fire escape. The bye-laws and compounding rules list what is allowed, and they change from time to time, so check the current version for your area.

Regularisation policies are broader and political. Delhi has protected many unauthorised colonies and certain categories of construction from punitive action through the National Capital Territory of Delhi Laws (Special Provisions) Second Act 2011, extended most recently to 31 December 2026, and runs schemes for conferring ownership in unauthorised colonies. These protections have cut-off dates and exclusions, and they do not cover every building. If the property falls within one, the reply should say so expressly with supporting papers, and you should keep an eye on whether the protection is extended again.

If compounding is possible, file the application early, ideally with the reply, and ask that demolition be kept in abeyance while it is decided. Our page on regularisation documentation support explains the paperwork, and completion certificate assistance covers the step that often follows.

How the answer changes by property type

For a flat in a group housing society, the notice is often about a common area or an addition made by one owner, such as a covered balcony, terrace room or extended shaft. The society or RWA may be the noticee for common parts, and the individual owner for his own flat. Where the whole tower lacks sanction or exceeds the approved floors, the buyer's real claim lies against the builder, through RERA or a consumer commission, while the reply to the authority focuses on protecting occupants and seeking time. Our page on RERA complaints and builder disputes covers that route.

For an independent house or builder floor, the usual issues are extra floors, coverage and setbacks. For commercial property such as shops, showrooms, mall units and offices, notices often combine unauthorised construction with misuse or change of use, and conversion charges or land use conversion may be part of the solution. Factories and warehouses in industrial areas face both the authority's building rules and the lease conditions of bodies such as DSIIDC, UPSIDA or HSIIDC, which can cancel the lease separately.

Hospitals, schools, hotels and resorts are judged strictly on fire safety and structural certificates, and authorities are reluctant to compound anything that affects public safety. Agricultural land, farmhouses and land in villages raise a different set of laws: land use under the master plan, revenue records, gram sabha boundaries, and in Delhi the special position of lal dora abadi land. Leasehold property adds the lessor's consent; in DDA, L&DO, Noida and Greater Noida leases, unauthorised construction can also be treated as a breach of lease conditions.

How the answer changes by party

An owner in occupation replies in his own name. A tenant or licensee who receives a notice should send it to the landlord at once in writing and, if the landlord does nothing, may reply to protect his own possession, because a demolished shop is the tenant's loss too. A buyer who has paid under an agreement but has no registered deed should reply showing his interest and also put the seller on notice, since the seller is usually the one who built.

A bank or NBFC that holds the property as security has a direct stake, because demolition destroys the security. A lender will usually reply as an interested party, ask the borrower for an explanation and, if the property is under SARFAESI possession, deal with the authority itself as the party in control. An NRI owner can reply through a registered power of attorney holder, but the attorney's authority should clearly cover representation before municipal and appellate authorities. Companies, LLPs, trusts and societies reply through a person authorised by a board or managing committee resolution, attached to the reply.

Builders and developers receive notices at the project stage, often stop work notices followed by demolition notices for deviations from the sanctioned plan. Their reply has to deal with the authority and, separately, with allottees whose units may be affected, and with any RERA disclosure obligation about changes to plans.

Common mistakes after receiving a demolition notice

• Ignoring a show cause notice. If you do not reply, the authority records that you had nothing to say, and the final order follows on that basis. A late reply is better than none, but it starts on the back foot.
• Carrying on construction. Finishing the floor 'before they come' almost always leads to sealing, a stricter order and a weaker appeal. Stop, photograph and argue.
• Relying on informal assurances. Oral assurances from anyone at the site carry no legal weight and do not stop limitation running. Put everything in writing and file the appeal in time.
• Filing a writ without disclosure. Hiding an earlier notice, order or petition can end the case on the first day. Disclose the full history.
• Denying the obvious. Saying an extra floor does not exist when the authority has photographs damages credibility on every other point. Admit and offer a remedy where the deviation is real.
• Not involving the builder or seller. If someone else built the deviation, notify them in writing at once so that liability and costs can be pursued later.

Time and cost in general terms

A reply and hearing at the authority level usually take a few weeks. An appeal before a municipal tribunal or authority chairman may take a few months, often with an interim stay in the meantime. A writ in the High Court can produce interim protection quickly, but the final hearing can take much longer, and courts sometimes dispose of such petitions by directing the authority to decide the reply or appeal within a fixed time.

Costs fall into three parts: legal work on the reply, appeal or writ; technical work such as an architect's measurement drawing or a structural engineer's report; and government charges such as compounding fees, conversion charges or penalties. Compounding fees depend on the deviation area and the current rate schedule. In many cases the honest calculation is that paying for compounding or removing a small portion costs less than years of litigation, and the advice should say so.

What to do this week

• Write down the receipt date and the last date for reply or hearing
• Stop all construction and photograph the site from every side
• Collect title deed, sanctioned plan, completion or occupancy certificate and tax receipts
• Apply for inspection or copies of the authority's inspection report
• Get an architect to measure the building against the sanctioned plan
• Check whether the deviation is compoundable under the current bye-laws
• File a written reply against receipt and ask for a personal hearing
• Notify the builder, seller, landlord or lender in writing, as the case may be
• Keep a person on site and your lawyer's number handy in case a team arrives
• If a final order arrives, diarise the appeal deadline and the 15-day window the same day

When not to fight, and what to do next

Some structures cannot be saved: a room built on a public road, a floor that breaks the height limit near an airport funnel, construction on a drain or water body, or a building declared structurally unsafe by an independent engineer. In those cases, spending on appeals mostly buys time, and time with a notice hanging over the property makes it unsaleable and unmortgageable. A negotiated removal of the offending part, done safely by your own contractor, is often the better outcome.

Where the construction is within the plan, or the deviation is compoundable, or the process has been unfair, a firm reply and a timely appeal usually protect the building. Keep your papers in one indexed file; our page on document indexing and filing shows how. If you also face sealing, see sealing notice response, and for a work stoppage, stop work notice response. If you want the notice and papers checked before you reply, the team of Advocate B.K. Singh at Legals365 can review them and tell you the next step: talk to a lawyer.

Residential property: what changes

Residential property covers houses, builder floors, flats in group housing societies and apartments in developer projects. It is the property people care about most, and the law gives it more protection than commercial premises: consumer remedies against builders, rent control for old tenancies, special rules for senior citizens and family members. It also carries more family disputes than any other kind of asset.

The documents depend on the type. For an independent house or builder floor in Delhi, ask for the chain of sale deeds or the conveyance deed from DDA, the sanctioned building plan, the completion certificate, mutation in MCD records, the latest property tax receipt and electricity and water bills. For a flat in a cooperative group housing society, ownership runs through membership: the share certificate, the society's NOC and the Registrar of Cooperative Societies' approval of the transfer matter as much as the deed. For a flat in a developer project in Noida, Greater Noida or Gurugram, check the RERA registration, the builder-buyer agreement, the occupancy certificate, the tripartite sub-lease or conveyance deed, and whether the builder has paid the land dues to the authority, since unpaid dues have held up registration for thousands of buyers.

Stamp duty is charged on the higher of the price and the circle rate. Delhi charges women buyers a lower rate, and joint purchases fall in between; Uttar Pradesh and Haryana have their own concessions. Registration is at the sub-registrar office for the area, with both parties and two witnesses present. After registration, mutation in the municipal or authority record should be applied for, since it governs property tax and later dealings, even though mutation is not proof of title.

Disputes tend to fall into a few groups. Against builders: delayed possession, reduced area, poor construction and missing amenities, which go to the RERA authority or the consumer commission at the buyer's choice. Between landlord and tenant: old tenancies with rent up to ₹3,500 a month in Delhi are governed by the Delhi Rent Control Act 1958, where eviction for the landlord's bona fide need under section 14(1)(e) is the usual route; newer tenancies are contractual and go to the civil court or the rent authority under any new tenancy law the state has adopted. Within families: partition, wills and succession, and disputes over who may live in the house. Senior citizens can approach the Maintenance Tribunal under the Maintenance and Welfare of Parents and Senior Citizens Act 2007, which in appropriate cases has ordered children to vacate a parent's house. A wife's right to reside in the shared household under the Domestic Violence Act 2005 can also affect who stays in a property.

A few habits prevent most problems. Never buy on a GPA and agreement to sell alone. Insist on the occupancy or completion certificate. Keep original documents safe and certified copies handy. And put family arrangements about a house in writing, ideally a registered partition or family settlement, before a death or a marriage breakdown turns them into litigation.

Frequently asked questions

How many days do I get to reply to a demolition notice?

You get the period stated in the notice, but under the Supreme Court's directions of November 2024 the notice must give at least 15 days from receipt or the time in the local law, whichever is later. If you were given less, say so in your reply and, if needed, in a writ. Do not wait for the last day to reply.

Can the MCD demolish my house without notice?

Ordinarily no. The DMC Act and the Supreme Court's directions require a show cause notice, a hearing, a reasoned order and a further 15 days before demolition. The exceptions are structures on public places such as roads, footpaths, railway land and water bodies, and demolitions ordered by a court.

Where do I appeal against an MCD demolition order?

An appeal against an MCD order under section 343 lies to the Appellate Tribunal MCD under section 347B of the DMC Act. A further appeal lies to the District Judge, Delhi. File quickly with a stay application, because the demolition can proceed if no stay is obtained.

Can I get a stay on demolition from the High Court?

Yes, if the authority has acted without notice, without a hearing, without reasons or in breach of the 15-day rule, the High Court can grant interim protection under Article 226. Where a proper appeal is available and the process was fair, the court will usually send you to the appeal. Full disclosure of earlier orders is essential.

Is old construction safe from demolition?

Not automatically. Long-standing construction that was taxed and supplied with utilities helps your case at the hearing, but it does not make an unsanctioned structure legal. Some policies, such as Delhi's special provisions law for unauthorised colonies, protect construction up to a cut-off date, so check whether one applies.

Can a tenant reply to a demolition notice?

A tenant in possession should first send the notice to the landlord in writing. If the landlord does not act, the tenant can reply and appeal to protect his own possession and business. The tenant's lease terms and the landlord's liability for unauthorised construction then become a separate matter between them.

What if the builder made the illegal construction in my flat?

Reply to the authority to protect your occupation and ask for time, and put the builder on written notice immediately. Your claim for loss against the builder can go to RERA or a consumer commission, depending on the facts. The authority will still look at the building as it stands, so both tracks run together.

Can unauthorised construction be compounded?

Minor deviations within limits set by the building bye-laws can usually be compounded on payment of a fee. Extra floors beyond permissible limits, encroachment on public land, and construction affecting structural or fire safety generally cannot. The current bye-laws and compounding schedule of your authority decide the answer.

What should a reply to a demolition notice contain?

It should identify the property and your status, answer each allegation with documents, admit and offer a remedy for any real deviation, raise defects in the notice, ask for inspection of the authority's file, ask for a personal hearing, and request that no coercive action be taken until the reply is decided.

Does a bank have to reply if mortgaged property gets a demolition notice?

A bank or NBFC is not always the noticee, but demolition destroys its security, so lenders usually act. They seek an explanation from the borrower, may reply as an interested party, and take charge of the response if the property is in their possession under SARFAESI.

Can the revenue department demolish construction on gram sabha land?

In UP, encroachment on gram sabha or public land is dealt with under section 67 of the UP Revenue Code 2006, which allows eviction and damages after notice, with an appeal to the Collector. Produce revenue records and ask for demarcation if you dispute the boundary. Public land encroachments are outside the protection of the Supreme Court's 2024 demolition directions.

What happens if the authority demolishes in breach of the rules?

The Supreme Court warned that officers who demolish in breach of its directions may face contempt and be made personally liable to restore the property and pay damages. Record everything, preserve the video and documents, and move the High Court promptly. A claim for compensation can follow.

Should I go to RERA or the consumer commission against my builder?

You can choose either, as the Supreme Court held in Newtech Promoters v State of UP (2021), but not both for the same relief. RERA is often quicker for refund or delay interest under section 18; the consumer commission can also award compensation for deficiency in service. The choice depends on the amount, the relief you want and how far the project has progressed.

Can my son be evicted from my house if he harasses me?

In many cases, yes. The Maintenance Tribunal under the Senior Citizens Act 2007 has power to protect a parent's property and life, and courts have upheld eviction orders against children in suitable cases. The parent's ownership of the house and evidence of ill-treatment are the key facts.