• Uncle trying to occupy my late father property illegally

My father passed away 6th of October 2017. Since then my mother is staying with me at Hyderabad. We have a joint ancestral property in Howrah, West Bengal apart from our own flat in Kolkata. My father and we stayed for more than 20 years in the ancestral property and later shift to this new flat. The ancestral property was under lock since the year 2000. 
After fathers death since we were busy we found out that his three brother has put their own lock. Similar thing they tried in 2005 and we had then registered an FIR with local police and went to court. The Kolkata high court declared the property belong to us and also listed the materials kept inside the house and we have the order for this.They are trying to repeat the same thing once again what are my option. 

Since i dont stay in Kolkata can i register an FIR by post/email. I am also a scientist with ISRO, Department of Space, l Government of India. Should i directly send a letter to the local Councillor and collector, Police station on my letter head with copy of all the earlier documents and appraise him about this since i dont stay in Kolkata now? 

Please suggest.
Asked 8 years ago in Property Law
Religion: Hindu

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16 Answers

Dear Sir.

You may lodge complaint online and also file suit for permanent injunction the details of both procedures are given below with respective links:

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Report A Crime

Reporting a crime never helps. Right?

Wrong.

In many cases Kolkata Police solves a crime with the help of phone calls from people like you. You can call the Lalbazar Control Room on 2250-5000 [15 Lines], 2214-3230, or 2214-3024 to give vital information so the victims can get some kind of justice.

Your Call DOES MAKE A DIFFERENCE

Minor crime committed in Kolkata can also be reported over the Internet as long as an urgent response is not required. The system is designed to forward information to the relevant police force.

http://www.kolkatapolice.gov.in/reportcrime_new.asp

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Meaning of Temporary and permanent injunction

Understanding Injunctions

An injunction is a court order, that requires a person to do or abstain from doing an act that is necessary in terms of justice, and the absence of which would be contrary to good faith and good conscience. Basically, the grant of an injunction, aims to restore the violated rights of a party, whereby monetary or compensatory damages are insufficient. It follows the principles of Natural Justice and Equity. The concept of injunction, is a fairly simple one, and the relief granted, is a preventive one. Historically, the law of injunction finds its origin in English Jurisprudence, and comes from the French word ‘injungere’, which translates to ‘to join’. It finds its origins in Indian law through several Indian Statutes. To specify, the statutory provisions for injunctions, according to the required law, are present in CrPC (for Criminal cases), CPC and the Specific Relief Act (for Civil matters). Each of these statutes provide for some form of injunction, depending on the situation and the case.

https://blog.ipleaders.in/temporary-permanent-injunction/

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Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Well,this is very common phenomenon when one of the co shareer says away from the ancestral house or native place.The present dispensation West Bengal makes this further worsened.

2.However there is nothing to worry and lot of legal remedies are in place to take care of this situation.

3.First of all by putting a padlock no crime has been committed and hence there is no question of registering a FIR. Even if there is any the complaint will have to be lodged in local P.S.In Howrah and not in hYDERABAD.

4.This is a civil dispute for which you will have to explore civil remedy which is a suit for partition so your due share in the joint proeprty is declared by the court .in the same suit you can seekinjunctioj also so none of the co sharers including your uncle can take exclusive possession or sell their share in it.

5.Since it is civil suit your day to day attendance in the suit is not required.

6.Do not go to counselor who are politician and would only complicate the situation to milch money out of it.

Feel free to contact for further assistance.

Devajyoti Barman
Advocate, Kolkata
23655 Answers
537 Consultations

You can register FIR online

2) you can also forward complaint by regs post to Police and enclose documents in your possession

3) your presence may be required at local police station for recording your statement

Ajay Sethi
Advocate, Mumbai
99846 Answers
8148 Consultations

1. On what basis do you call the property 'ancestral'?

2. Has the HC passed a decree of permanent injunction against your uncle? If the decree of permanent injunction has been issued and is violated then you can file an application for contempt of court. Furthermore, since the HC has ruled in your favour the remedy for you is to file a criminal complaint for house trespass under Section 452 IPC against the uncle.

3. Consult a lawyer with a copy of HC's judgment.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

FIR will not help u only. Better file a civil suit for the illegal occupancy and eviction from the same

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

Hello Sir,

1) First of all keeping property lock and not visting years in the property, the same blood people we so called them relatives. They will grab or eat your property in your absence. So try to keep tenant there or you personally visit monthly at least once or you could not visit any one member of your family stay there one or two days. They must know that you have possession legally and physically.

2) Yes, you can lodge a complaint online select all details address a local police station and you will reference number accordingly. Don't send email registered online complaint against them that is the proper way, when you could not visit physically local police station.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

As the kolkatta HC decided the matter in favour of you and they violated the order, file a contempt petition. Filing FIR would lead to multiplicity of cases and will not end forever. Once they are found violating the order of the HC, they will be remanded to custody.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Where ever you live you may file a FIR by visiting the police station. Please check if you can file online FIR.

If you have judgement in this order you may move a contempt petition in the High Court that is the best option to get him stop and punished.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

If the order/Judgement passed by the Kolkata High Court is being flouted, file a case of contempt in the High Court itself.

Depute an agent on your behalf to report the instant matter to the Police.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

Hello,

Yes you can send a letter by post to the SHO.

It will be good if some lawyer or your relative can help you in managing the same and can help you on coordinating with the police station.

Also, if they are going against the order of the HC then you may file a contempt petition against them.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Since you are not aware of the correct procedures to be followed in this regard, you may take the assistance of a lawyer in the local to guide you properly on the subject issue.

In fact he may be able to send notice on your behalf including registering a complaint on your behalf with the local police on your instructions.

You can send a complaint to the local police directly by sending the complaint by a registered post with acknowledgment.

You can send online complaint also and get an online acknowledgment also.

If any court order had been disobeyed then you can file a contempt of court petition also against the contemnnor.

Do not contact the local counselor, he will take money from both the sides and may cheat you.

T Kalaiselvan
Advocate, Vellore
90048 Answers
2498 Consultations

Hi, it is advisable to register a police FIR for criminal tresspass over the property..you can file a FIR online at the local police station..

Hemant Chaudhary
Advocate, Gurgaon
4632 Answers
67 Consultations

Repeat the action whatever you did earlier. You need not to send letter to Councillor. You send the letter to Collector and copy to Deputy Collector Police, Assistant Collector Police and SHO of concerned police station with copies of relevant documents appraising about this.

Dalip Singh
Advocate, New Delhi
1096 Answers
36 Consultations

1. You can lodge a police complaint by sending email and also hard copy to the concerned police station and marking a copy there of to the concerned Commissioner (after 7 days) by speed post and collect the track record after 3/4 days as the evidence of delivery.

2. If the police does not register FIR based on the above complaint, you can file a Writ Petition against police inaction praying for a direction upon police to register FIR, investigate and act based on your said complaint after breaking open the lock for you since you already have the Judgement of ownership passed by the Calcutta High Court in your favour.

3. Legally speaking, counselor has nothing to do in the instant case.

4. You cannot send any personal letter or letter related to your personal matter in your official letter head which might be construed as misconduct as per the service conduct rule of your organisation. You can send the complaint in your personal letter head, if you have any, wherein you can tactfully mention your employment with ISRO to impress the police for taking appropriate action based on your said complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
27704 Answers
726 Consultations

1. IF you want to face departmental prosecution THEN you may use (misuse) the said ISRO Letter head for your personal work.

2. ELSE, based on the earlier High Court order, just simply file a criminal complaint of Trespassing and Intimidation, against the infringing persons.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You can send the detailed Complaint to the said police station vide RPAD. Also mention in the same that the same can be treated as FIR. The police can do the same. You can notarise the Complaint also. But normally for filing FIR police insist your presence.

Prashant Nayak
Advocate, Mumbai
34564 Answers
249 Consultations

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