• Eviction order

My maternal grandmother filed senior citizen against her son and his family staying the same flat asking him to vacate the flat. He inspite of receiving eviction letters and court summons continues to live there and has started threatening my grandmother for her life . Police is not helping though court has given them instructions to throw my uncle and his family out. my grandmother is 87 years old and cant continue to keep filing new cases. Please suggest what to do or please tell us if v can throw his belongings and evict him ourselves.
Asked 7 years ago in Property Law
Religion: Hindu

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21 Answers

you cannot forcibly evict him 

 

2) if court orders are not complied with take out contempt of court proceedings against uncle and his family for refusing to vacate inspite of court orders 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

approach local police and Lodge F.I.R. Against them if police refused then you can make a formal complaint to the nearest judicial magistrate, who will direct the police to register the FIR if deemed necessary.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Hello, 

1)  If you have filed an Execution petition and the court has ordered it, then you must approach the same court with a contempt of court petition against the uncle who is disobeying the court orders. 

2)  You cab also approach the higher authorities like the police commissioner with a complaint against the local police not impending the court order. 

3) On behalf of your grandmother you must lodge an FIR against the uncle and family for threatening her with death. 

4)  You cannot throw his belongings out as you have not been so authorised by the court. 

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

if you have the email ID of the senior citizen tribunal then please write a mail to them immediately informing about the inaction of the son

also you can call them up and request that some officer on behalf of your grandfather take up the matter and execute the order which is passed in her favour by the tribunal

you as grandchild must also take proactive steps. Obviously your grandmom is old and she herself cannot file cases and approach the court. But you can always do that on her behalf

 

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

Why don`t you on their behalf, complain the court that even after their order, police is not doing anything. File contempt against police. And complain to area SP, that even after court order, police is not acting.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

1) Kindly show this order to DSP or higher authority of that particular area. You don't take any action.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

File a contempt petition in the court praying to penalis and send son to civil prision if he is not complying the order.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1 File a writ petition in high court alleging police inaction.

2. The high courts are vert strict with Police if it is  not complying the order of court/ tribunal.

3. So do not wait any further  and consult with an advocate to file a writ petition seeking issuance of writ of Mandamus.

4. Writ petition does not take more than 2-3 hearing before passing of final roder. 

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

Please file a mandamus writ petition in the High Court and get the direction in this regard to evict unauthorised occupants of the flat

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You can file contempt Petition before the court and also involve and make a party to police who are not performing their duties 

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

You can file a contempt petition In the court regarding that eviction order. 

this will enable you to get a direction from the court to the police to make them leave the house and they can even face Jail if they don't follow the orders.

Abhishek Sharma
Advocate, Chandigarh
128 Answers
2 Consultations

1. If mere summons is issued then he is not bound to vacate the property, whereas if the court has passed the order of eviction then he is bound to vacate.

2. If police is not evicting them in spite of the directions of the court then your maternal grandmother should file an application for contempt of court in the court. 

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Dear Sir,

As SDO passed orders in favor of grandmother so you can use force and get him vacated no case is stand if any complaint is lodged.  Thus you can get possession.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi,

You are suggested to approach the same family court with a petition of contempt of court against your uncle and get him evicted from the house. 

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

She has to file an execution petition to execute the court order with the assistance of police.

Once this petition is approved, the court ameen will, with the help of police, throw away the inhabitants of the house property as per court order.

If she wants to get the relief she has to approach court with this petition once again.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

he cannot be ousted or removed without following due process of law

also his belongings cannot be removed just like that

your uncle is bound to answer the court's notice

if he does answer and also does not obtain any stay against the notice from the collector, then the law will take its course and proceedings will be initiated to remove him as per the court's order

Yusuf Rampurawala
Advocate, Mumbai
7899 Answers
79 Consultations

1) seek expedited hearing of appeal as grand mother is senior citizen of 84 years age 

 

2) if court has issued warrant how can collector grant stay ?

 

3) you cannot remove his luggage forcibly 

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

Appeal is later thing, pursue warrant matter against uncle. Until collector not issue stay , warrant will be operative.

Yogendra Singh Rajawat
Advocate, Jaipur
23081 Answers
31 Consultations

You can file an appeal for rte same and take a stay.

Prashant Nayak
Advocate, Mumbai
34515 Answers
249 Consultations

See grand mother can admit that it is her discussion and even I the content that your mother is asking grandmother to remove him his contention has no 

force therefore the application can be pressed seeking relief to remove him.from the prises.

Further an early hearing application can be filed on the ground that grandmother is not well and us senior citizen.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

Your grandmother can avail the privileges under senior citizen welfare act.

She can approach the court for protection of life and also her property.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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