• My husband broke my locks and entered my property

My husband and I own a shop individually but it does not has a partition. The property was rented to which my husband, applied their locks on both the shops with a notorious intention as the tenant left. I applied my locks as well on my property. Recently my husband, my sister in law and my brother in law broke the locks of my shop and his shop as well and got court commission done. The local police filed an FIR against them regarding illelgal trespassing section 452. Now can I break open the locks put by him on my property? Also my sister in law has filed a case on my husband demanding her share in my property as well claiming it being purchased from huf. They did so in collusion thereby not making me a necessary party in this case. I have filed a 110 order in front of court to make me a necessary party whereby I have mentioned the fact that they broke in my shop and have put their locks on my shop. Now is it advisable for me to break the locks of my shop.?
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

1. If the shops are demarcated as far as our respective possessions are concerned then you can surely take entry to your shop and keep your possession.

2.once you retain your possession file a civil suit for declaration and injunction.

3. Fight the case on merit and continue with your possesion. If injunction is granted you have nothing to worry.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) dont take law into your hands

2) dont break the locks placed by your husband

3) wait for court orders

4) if sister in law has filed case claiming share in your party make an application for being added as party to the suit proceedings

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

1. You are free to break open the locks of the property but do so in the presence of police and make a video recording of it. No permission from the court is required to break open the locks put illegally by anyone on the property of the title holder.

2. Your sister-in-law has no share in your self acquired or separate property. If your sister claims the property to be HUF she has to prove that it was purchased with funds from HUF.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, When the matter is sub-judice before the court, it is better you have to seek permission from the Court and then entered into your premises.

Pradeep Bharathipura
Advocate, Bangalore
5607 Answers
336 Consultations

4.5 on 5.0

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