• Live-in relation

hi my name is amar my father is not divorce with my mother but they both living separately and my father was living with a lady in living relation and that lady not divorced with his husband and she file a case against his husband about property which is still pending she living with my father in city and took my father business and money and then she was demanding for village property and then my father register that property to my name and I built home on that property and my father come back with us but now that lady took possession on my home with her relatives and throw out my father mother and brother and she threating us nobody listen us even police because they have political links I am not citizen of india and nobody listen me please let me know what I can do
Asked 3 years ago in Family Law from United States
Religion: Sikh
Well, this is really bizarre to know that the lady is occupying your property and you could do nothing.
Surely there is way to deal with the situation irrespective of her political patronage.
First you have to clarify how she occupies your property.
if it is father;s property , he can file a suit for eviction.
if she indulges in criminal activities and police is in hands in glove with her then you can seek intervention of high court against such police inaction.
Case of criminal trespass lies against her and your citizenship issue is of no consideration here.
Take help of a seasoned lawyer locally or from this site.
Devajyoti Barman
Advocate, Kolkata
13167 Answers
175 Consultations

5.0 on 5.0

1. File a police complaint against that lady,

2. File an application u/s156(3) of Cr.P.C. praying for direction upon the police to investigate and act based on your said complaint,

3. If police still fails to take any action then you may file a W.P. before the High Court against police inaction.
Krishna Kishore Ganguly
Advocate, Kolkata
18785 Answers
454 Consultations

5.0 on 5.0

If Police is not taking any action you can file a complaint with  the Judicial Magistrate against the person as trespassers. Since you are living abroad , it would be inconvenient for you to pursue a criminal case in India where the presence of complainant is required. Alternatively you can file a suit for ejectment. If the possession was with you before 6 months you can file a suit under specific relief act which is fast tracked.
H. S. Thukral
Advocate, New Delhi
570 Answers
170 Consultations

5.0 on 5.0

1. Your father has committed more than one offence. By having a live in with another lady before divorcing his wife he has made himself liable to be prosecuted and punished for adultery. Your mother can prosecute him for adultery by filing the case in the court. 

2. So far as the property registered in your name, which has no been usurped by this lady, is concerned, you can file a lawsuit for eviction to evict her from the property. 

3. The fact that you are not a citizen of India does not stop you from filing the case.

4. Police has no role to play in this case. 

5. The only legal recourse available to you is to move to court and file for her eviction. Her political links, if any, will not work in the court.

6. Engage a seasoned lawyer and get going. 
Ashish Davessar
Advocate, Jaipur
23170 Answers
641 Consultations

5.0 on 5.0

1) once gift deed is executed by your father you are absolute owner of said property . 

2) if some lady has forcibly taken possession of your house you should immediately file police complaint . 

3) if police refuse to lodge complaint then file complaint before magistrate under section 156(3) to direct cops to investigate 

4) further file suit for eviction against lady and her relatives 
Ajay Sethi
Advocate, Mumbai
46847 Answers
2771 Consultations

5.0 on 5.0

The property is in your name so you are the absolute owner of the property. You may file civil suit for eviction .The lady has right over that property if she unauthorisedly occupy the premises. The police have no role in civil case, if the police make any troubles you may file writ petition against them before high court.   Is your father is a citizen of India? If your status is PIO,NRI  you can also file the case before the court 
Ajay N S
Advocate, Ernakulam
2824 Answers
47 Consultations

5.0 on 5.0

As she is in not related to you anywhere and till recently she was not divorced, she cannot claim any maintenance. What she is doing is nothing but illegal arm-twisting tactic and taken over pocession illegally. 

Either your parents can file criminal case against tress passing in the local police station or through Magistrate by filing private complaint.  or you can file civil suit restraining from entering in to the property. 
Sandeep Hegde
Advocate, Bangalore
403 Answers
117 Consultations

4.8 on 5.0

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