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
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.
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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
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.
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.
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
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.
1) Kindly show this order to DSP or higher authority of that particular area. You don't take any action.
File a contempt petition in the court praying to penalis and send son to civil prision if he is not complying the order.
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.
Please file a mandamus writ petition in the High Court and get the direction in this regard to evict unauthorised occupants of the flat
You can file contempt Petition before the court and also involve and make a party to police who are not performing their duties
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.
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.
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.
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.
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.
The court issued a summon warrant against my uncle asking him why he has not vacated and if he does answer appropriately then he will be imprisoned. My uncle has filed an appeal against this to the collector stating that it was a one sided decision and his side was never heard. Also he is blaming that my mother is forcing my grandmother to remove him. What should we do? Can my grandmother keep his belongings out of her house till there is a final decision because my uncle knows that my maternal grandmother is 84 and he automatically get to stay forever in the house after her. We have made will of the house and he has also filed civil suit against my mother and grandmother stating that they are been forced out of the house. Please suggest an alternative to take him out immediately as my grandmother is not keeping well these days.
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
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
Appeal is later thing, pursue warrant matter against uncle. Until collector not issue stay , warrant will be operative.
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.