• Flat has been captured illegally by one of the goon in my area

My Flat based in Tughlakabad, Delhi has been captured by one of the goon in my area. Please, suggest some of the curative action that can be taken.
Asked 1 year ago in Property Law from New Delhi, Delhi
Religion: Muslim

File Police complaint of criminal trespass under section 441 of IPC against the goon

2) file civil suit and seek court orders for eviction of trespasser

Ajay Sethi
Advocate, Mumbai
69021 Answers
4153 Consultations

5.0 on 5.0

File police complaint first for house trespass

Jitender Kumar
Advocate, New Delhi
35 Answers

4.0 on 5.0

I would be helpful, if you provide some details as to how the goons took possession of your flat.

Kindly provide the said details which woyld enable me to respond aptly.

Regards,

Siddharth Jain, Advocate

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

Approach the police and register a complaint.

This is a case of criminal trespass. The Police will help you to restore your property.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

You have to file an FIR of tresspassing illegaly and illegal possession with police.

Further file a suit for possession and eviction on illegal occupation.

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

If you have power of attorney file a suit and complaint as authorized power of attorney holder further in suit the ownership document of real owner along power of attorney need to be relied on.

Shubham Jhajharia
Advocate, Ahmedabad
20887 Answers
81 Consultations

5.0 on 5.0

Contact a local lawyer and issue legal notice to trespasser to vacate

2) if he refuses take legal proceedings as advised herein above

Ajay Sethi
Advocate, Mumbai
69021 Answers
4153 Consultations

5.0 on 5.0

Hello there,

Thank you for reaching out here. Firstly, the Flat that you mentioned happen to be in the Lal Dora doesn't repudiate any of the land/flat ownership right.

First step is to file a complain against the goon in the Police Station stating out clearly the violation under section 441 under Indian Penal Code. Make sure when you go there..ask Police person to pay a visit to the place and talk to the goon and try to settle the matter then and there because these matters, else, in the court would take time.

If nothing happens, send a legal notice to the party stating out clearly eviction of the said Flat within the days.

If that doesn't work too, file a suit for recovery on the property and try to settle the matter.

Furkan Ahmed
Advocate, DELHI
16 Answers

4.0 on 5.0

1) File a case against that person and complaints in the police station FIR, ask the person staying in the flat all papers and vacate the flat.

2) Do the proper investigation about the flat and take the possession of the flat at any cost.

Ganesh Kadam
Advocate, Pune
8251 Answers
69 Consultations

4.9 on 5.0

Hello,

Give a complaint to the nearest police station

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

You can take the help of the police station of the area and if the police station is not taking action meet your area DCP with your complaint.

You may also file eviction suit in court.

Vimlesh Prasad Mishra
Advocate, Lucknow
5683 Answers
19 Consultations

4.9 on 5.0

In that case you will have to file a suit for eviction of the said person who is illegally occupying your premises.

Regards

Anilesh Tewari
Advocate, New Delhi
17268 Answers
267 Consultations

5.0 on 5.0

File a proceeding under section 6 of the Specific Relief Act to recover your possession.

Such proceeding does not require you to establish your title but only to show your better title than the person who is forcefully occupying the property.

However such proceeding is to file within 6 months from the date of dispossession. So if you are within this time limit you can file such case.

Devajyoti Barman
Advocate, Kolkata
18123 Answers
260 Consultations

5.0 on 5.0

A person who unlawfully remains in the property of the other is liable for criminal trespass under Section 441 of the Indian Penal Code. On your case, the trespassing is ‘continuing trespass’. it is well settled that the property need not necessarily be in the possession of the owner, it could be with the tenant as well.

So, you can go ahead and file a criminal complaint against the wrongdoer.

Siddharth Jain
Advocate, New Delhi
4978 Answers
55 Consultations

5.0 on 5.0

Hello sir, it is advisable to register a criminal FIR for trespassing illegally into your property...Also file a civil suit for eviction in court against the tenant,,.Also a provide a written complaint to the commissoner of police along with a copy to the local police station

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

You can file. Case of criminal tresspass against. The Goons and if tenant is still there then you can file a suit for eviction before rent controller.

Uzmi Jamil Husain
Advocate, New Delhi
15 Answers

Not rated

1. Lodge a police complaint against the said person for illegally trespassing in to your flat seeking remedial action.

2. If police refuse to register FIR then file a Writ Petition praying for a direction upon the police for registering FIR, investigate and act based on your complaint.

Krishna Kishore Ganguly
Advocate, Kolkata
22779 Answers
612 Consultations

5.0 on 5.0

My Flat based in Tughlakabad, Delhi has been captured by one of the goon in my area. Please, suggest some of the curative action that can be taken.

If you have title documents on your name, lodge a complaint with the police for this illegal land grabbing offence.

Escalate the matter to higher police officer if the local police do not cooperate or not taking any action against the influential goon.

Alternately you may approach civil court with a mandatory injunction suit seeking to restrain the goon from interfering with your possession and enjoyment of the property and for possession.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

1. As per Order passed by the Supreme Court in the year 2012.. Surya Lamps & Electrics -Vs- The State of Haryana, sale through POA has been made invalid unless the POA has been issued by infirm persons to his/her near relatives.

2. Title of a flat can not be claimed without registering a sale deed by paying stamp duty and registration fees.

3. Moreover, in your case, it will be difficult for you to register the said Flat based on the said POA.

4. So, first get the deed of conveyance of the flat registered in your name and thereafter lodge police complaint and act as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
22779 Answers
612 Consultations

5.0 on 5.0

Kindly follow up some more details in this regard. So, there happen to be a flat which was on the rent to a tenant, the tenant happen to be the friend of said goon and took the possession and started claiming the ownership right over there. Though, the papers of the property happens to in Lal Dora and merely General power of attorney is possessed by me.

If the title to the property is not in your name then you may have to struggle to get back the property.

POA deed in your name cannot confer title to the property.

You may approach your principal and take his help to retrieve the property and after that get the property registered to your name immediately.

T Kalaiselvan
Advocate, Vellore
58863 Answers
745 Consultations

5.0 on 5.0

Sir,

First make a police complaint/FIR and if police is not taking action , you can approach criminal court for remedy .

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

I need to know that did you ever had any lease agreement with him, how did he enter your property. need few clarifications so that i am in a position to answer your question.

Archit Vasudeva
Advocate, New Delhi
82 Answers

5.0 on 5.0

Dear Sir,

You may approach police and if they refuse then approach Magistrate through private complaint. In the meanwhile file a suit for recovery of possession or evicting the tenant saying that it was sub-tenanted to the said goon. You may also approach social channels including print and electronic media which will have serious impact on the reputation of the said goon and also your tenant.

Kishan Dutt Kalaskar
Advocate, Bangalore
4688 Answers
134 Consultations

5.0 on 5.0

You can file case of illegal trespass. You can file an FIR if the police and superior authorities are not helping you then you can file writ petition in HC.

Prashant Nayak
Advocate, Mumbai
14516 Answers
24 Consultations

4.6 on 5.0

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