• Property dispute - trespassing

My mama and aunt are in property dispute with Mama's brother and his wife. The dispute includes their two houses in Solapur, Maharashtra where both families used to stay separately. They have other property in Mudhol in Bagalkot district in Karnataka. In Mudhol in the same compound they have two houses, a small with 2 bedrooms and bigger with 3 bedrooms. My mama is 84 and aunt 68. They are still fit to walk around. Approaching a court today will take years to get the results.

Since bother's wife and brother used to harass them by not giving access to municipal water connections, terrace etc, we suggested them to move to Mudhol.

We were interested in getting it sorted out amicably but the other party has different plan. Since my mama does not have children they want to take control of the entire property. 

Yesterday, the other brothers cousin etc visited Mudhol and entered into their house by breaking main gate lock and main door lock when mama and aunt were out of town.

First thing that we have asked to do is file a FIR. Is it the right way? Guidance is appreciated.
Asked 2 years ago in Property Law from Mumbai, Maharashtra
1) since your mama and aunt are senior citizens  they can move senior citizens tribunal and obtain an injunction restraining his brother and sister in law from disturbing their peaceful possession  of the house .  

2)also lodge police complaint against brother and his cousin for breaking the house locks . 

3)they can also after issue of legal notice file suit for partition in district court . senior citizen cases are granted expedited hearing
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Approaching the court will not take years to get the result. Since they are senior citizens and have the title to the property (which I presume) the court may order interim relief to them on the same day on which the case comes up for first hearing. In addition to seeking a stay order against brother and sister-in-law, they can also cull out their awful share in the property by filing a suit for partition.

2. Filing FIR is the right move, albeit police does not have the authority to evict a person from the property.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. His judge cousin cannot come to his rescue, albeit as a trained legal mind he may have suggested them what to do.

2. If your uncle and aunt go to court they will get a free and fair hearing.

3. If the police is hand in glove with the perpetrators then your uncle and aunt can move the High Court for protection. 

4. No exact time frame can be foretold as factors such as the pendency of cases, efficiency of judge, etc come into play. However, the cases of senior citizens are decided in an expeditious manner.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
1. They shall have to establish that they have the title of the property they are living in,

2. After that they can file a police complaint alleging house breaking,

3. They can also file an application before the Senior Citizen Tribunal and pray for a restrain order against any disturbing act of his said brother & sister.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
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1)case filed before  senior citizen tribunal  would be disposed of expeditiously 

2) similarly suit for partition would be disposed of at the earliest .

3) merely because cousin is judge in bangalore does not imply that he has planned the whole affair . 

4) you can install CCTV cameras around the house . it will help in recording any such attempts of break in . you can use such footage  as evidence in courts
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. You have not mentioned as to what did the police did after learning that she had broken open the lock with the help of the firmer,

2. The fact is that if one can establish his title in a property either sole or joint, he can not be prevented from entering in to his property,

3. It is also a fact that the jint owner can not break open the lock put by another co-owner,

4. Partition suit is the only option I find here,

5. The presence of the Judge is immaterial here.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
1) as advised earlier file suit for partition , since you are senior citizens case would be disposed expeditiously .

2)co owner cannot  break open locks installed in premises . it can only be done as per court orders 

3) you should have recorded the confession wherein they admitted they have broken open the locks to gain entry into premises
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. Your query is silent on what transpired after the lady and son confessed to the cops that they took the assistance of a farmer in gaining the entry,

2. Legally speaking, police cannot intervene in this case as the question of title is involved, which can be decided by only a civil court.

3. A co-owner is not permitted under the law of the land to break open the premises. 

4. The judge is not a party to the case. 

5. Your uncle should file a suit for partition to cull out his share.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0
Yes. Right thing that you have advised to file(FIR).Besides,your mama is hereby advised to move concerned civil court,if its least considered,for appropriate relief.

Thanking you,
Subash M R
Advocate, Bangalore
176 Answers
8 Consultations
3.6 on 5.0
1) obtain copy of complaint filed by old lady . gather evidence that she stays in solapur and comes occassionally only to Mudhol . neighbours will be able to vouch for said fact 

2) records made by cops of conversation wherein she admitted she broke into the house will help your case 

3)you have to reply to notice in consultations with your lawyer . you can offer to enter into deed of family settlement to resolve all issues amicably .
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
section 441 of IPC deals with criminal  trespass 


Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,
 
Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass".
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
1. There are now three seperate issues with you,

2, One is the complaint filed by the lady stating that your Mama & Aunt had thrown her out of the same house which your Mama shall have to defend. He has to collect evidence that the said lady stays at Solapur to prove the allegation made by her is false,

3. Next is her breaking open the lock put by your Mama which she had admitted before the Police. Follow up with police to pursue the case to its logical end,

4. Last is the settlement or Partition Deed which both the parties are required to settle amicably. If amicable settlement is failed, partition suit has to be filed.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
if both joint properties are in same compound then co-owner has right to break the lock and get enter. but when he breaks lock of separate house then he is committed offence of house breaking punishable under section 453 IPC. you should file an FIR. then record your statement under section 161 crpc, during investigation,  that capturing over whole property is the reason that cause enmity between us. when your statements records then it comes into knowledge of the court that what is the reason behind accused's act. 
it does not matter that any judge's brain is apply there. keep faith in law and try to consult local lawyer. and merge all incidence into this case. this the golden opportunity to record all statements and bring all matters before the court. 
if your mama's brother feels any pressure and ready to compromise then separate all properties and settle all issues thereafter proceed on compromise.
Shivendra Pratap Singh
Advocate, Lucknow
2760 Answers
41 Consultations
4.9 on 5.0
1. The conversation recorded by the police cannot be used as evidence in the court.

2. Your mama and aunt have to first obtain bail and then defend on merits the complaint filed against them. Let them first apply for bail if they have not done so till now.

3. Reply through your lawyer to the lawyers notice sent to you. If no stay order has been issued by the court then the property may be sold. 

4. Do not wait till the receipt of partition notice to reply to the notice already received by you.
Ashish Davessar
Advocate, Jaipur
18167 Answers
449 Consultations
5.0 on 5.0

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