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 3 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
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.
1. The house was broken in daylight and no one will dare to do this without knowledge of police.
2. One of the consin's brother is Judge in Bangalore and we suspect he is planning all this. what else could be possible plan as per law.
3. How much time does such cases take to get resolved.
Asked 3 years ago
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.
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.
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
As discussed we went ahead and tried to file a FIR. Without going home we went straight to the police station.
Took the police team with us and went home. Talking to the DCP of the area made sure police accompanied us.
When the police asked the brothers wife and her son how did they enter house, she said that she broke the lock and entered. They asked her to show her how she broken the lock and asked her to broke another lock.
Obviously the old lady and her son could not. Then she confessed that she did take help from a farmer working in the judge's farm.
Then she said that there is a law which allows the co-owner of the plot/property to break in if he is not allowed to get into the house. Is it so? What is the law.
All this while the old lady and her son were staying in Solapur house and troubled my Aunt and mama. Now when they shifted to Mudhol house, she is making visits to this place and creating fights.
The judge and Mama's other cousin brothers son want to just let the fights happen so that these property owners die one day without any division etc and capture the properties.
Detailed Advice appreciated.
Asked 3 years ago
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.
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
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.
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.
From the information I have gathered I understand following..
The old lady has filed a complaint to the police station that she used to stay in the same house and has been thrown out by my mama & aunt. After which my mama and aunt went out of town and hence she had to break in.
The fact is the old lady and her son stay in Solapur and come to Mudhol once in 3-4 months just to fight and ask for money. She does not have any source of income. Whatever income comes from farms my uncle gives her and takes her signature.
They do not carry mobile and hence can not get their location but they must be paying electricity bills etc at Solapur.
My mama & aunt stay at mudhol and have all the phone bills, electricity bills and municipal bills paid in their name.
We took police along with us and police asked her how she broke in when she and her son are so weak. So she was quick to say that she asked for a help from passerby.
Police has recorded this conversation but has not given us any punchanama papers. They have just noted the complaint and given us receipt. I think its LC. Do I also ask for a copy of complaint filed by old lady?
What are the penal code sections which prohibit person from forcefully entering the home even though he is a co-owner in the property? I can tell this to the local lawyers.
We have received a notice saying that the property is in dispute and has names of both brothers and can not be sold. The local lawyers are saying we will receive another notice of suit for partition. Shall we wait till it comes?
If no serious complaints are made those people will get away and may cause bigger problems in future.
Asked 3 years ago
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 .
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".
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.
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.
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.
Further to the this case following has taken place. The other party was not ready to solve the matter with discussion and has taken the case to the local court.
Following is being disputed..
1. A house in Solapur (Maharashtra) and a farm land near Solapur.
2. A house in Mudhol (Karnataka) and a farm near Mudhol.
We are ok if the farm land is divided 50-50 between both parties do not feel that the houses too should be divided 50-50 at both places. Solapur house valuation is more and we have suggested the other party to take the same. If the house too is divided 50-50 the other party will get a chance to keep meddling in daily affairs and keep creating nuisance.
For this vary reason Mama and aunt left Solapur and settled in Modhol. The other party was staying in neighboring house in Solapur and there used to be issues always. After shifting here 4-5 years before at least daily fights are not happening.
Our local lawyer says that the court will divide all properties 50-50 and you will have to accept it. But on the other hand we feel if that happens the dispute will not end and will go on and on. They will create problems in their daily life and also will not allow them to sell the house so easily.
If both parties are separated they can live their life as they want. Why would court not understand or accept this?
Asked 4 months ago
1) in suit for partition court would divide property by metes and bounds as all parties have equal share in the house
2)court would not give one house in Solapur to one party and other house in Mudhol to other party
1. It will not be accepted by the Court that both the parties will continue to fight even after diving the properties with metes and bounds.
2. The Court also will not relegate its status to baby sit the two parties and take action to ensure that both of them do not get the chance to fight again. It is not the job of the Court. If both the parties again start quarreling again, one should approach the Court for judgement which will be passed by the Court.
3. However, it is up to the parties to settle their problems amicably.