• Illegal posseession

MY GARAGE IS BEING ILLEGALY POSSESSED by a real estate broker who used to take care of my flat
Igot back my flat but he is refusing to give back my garage as he is using it .
He has no legal docs to keep it
Asked 5 years ago in Property Law
Religion: Hindu

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25 Answers

File an eviction suit

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1549 Answers
5 Consultations

4.4 on 5.0

You can file a complaint with police for illegal occupation of garage, and also a suit for possession of garage as illegally possessed by the garage. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

See if from police complaint police build pressure and he is ready to leave the possession then it will be fast otherwise it will take some longer time in suit. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

You must be holding property document and ownership in your name. File police complaint of illegal trespass.

Yogendra Singh Rajawat
Advocate, Jaipur
22669 Answers
31 Consultations

4.4 on 5.0

Issue legal notice to broker to vacate your garage 

 

2) if he refuses file eviction suit against him 

Ajay Sethi
Advocate, Mumbai
94917 Answers
7572 Consultations

5.0 on 5.0

Litigation is long drawn and expensive proposition 

 

2) legal fees vary depending upon the lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
94917 Answers
7572 Consultations

5.0 on 5.0

1. serve him a legal notice to immediately dispossess the garage and claim damages for illegally occupied it

2. you can file a case to dispossess him from the garage by way of filing a suit in this regard

Suneel Moudgil
Advocate, Panipat
2382 Answers
6 Consultations

4.8 on 5.0

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, fraud, breach of trust, trespass etc.... against the person, supported with all relevant supporting documents.

2. IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet. The said Person may come down for settlement.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Send a legal notice to vacate the Garage forthwith, otherwise mention that you will be taking legal action to evict him from the premises.

2. Since he has no legal documents, file a case in the jurisdictional competent Court for getting favourable order and evict him from the premises by producing the Eviction Order to the jurisdictional Police Station for its execution.

Shashidhar S. Sastry
Advocate, Bangalore
5149 Answers
314 Consultations

5.0 on 5.0

Hi,it is advisable to file a criminal complaint under section 406 and criminal trespass ..Also file a civil suit for eviction in court 

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

4.9 on 5.0

How much time it will take--- that cannot be stated at this jun


How much time it will take--- that cannot be stated at this juncture; it depends upon the response (written statement) which will be filed by the respondent. 

As far as expenses, well it depends upon counsel to counsel. Obviously expert legal assistance won't come cheap. I'm willing to handle your case. I negotiate fee during exhaustive consultation session. So pay a visit.

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1549 Answers
5 Consultations

4.4 on 5.0

1. Inform the Police immediately abut the forcible occupation of the same.

2. if six months has not passed from the date of illegal occupation then file a summary suit for recovery of possession u/s 6 of the Specific Performance Act.

3. So engage an advocate and file the suit asap.

Devajyoti Barman
Advocate, Kolkata
22868 Answers
492 Consultations

5.0 on 5.0

Hello, 

Send a legal notice to him for vacation of the premises 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If he does not respond to the same then file a suit for eviction of the unauthorized occupant. 

It will take 1-2 years for the case to get decided. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18079 Answers
377 Consultations

5.0 on 5.0

If he has forcefully taken it you can file criminal treaspass also. You can file a eviction suit to get the same back from him

Prashant Nayak
Advocate, Mumbai
32064 Answers
183 Consultations

4.1 on 5.0

Hi

You need to file case for recovery of possession against the said person.  

As far as time limit, it cannot be said (may be 2 to 5 years).

Money to be spent also cannot be quantified (between you and the Advocate).

One of the options is to get the same compromised instead of spending money and running around the courts.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

A suit forbillegal possession must be filed. Also a criminal complaint must also be filed for criminal intimidation and criminal breach of trust.

Regards 

Rahul Mishra
Advocate, Lucknow
14089 Answers
65 Consultations

5.0 on 5.0

Engage a lawyer and he would do what is necessary. He will charge you accordingly...around 25-30k.

Rahul Mishra
Advocate, Lucknow
14089 Answers
65 Consultations

5.0 on 5.0

Kindly file an FIR at the earliest with your local police stating all the details and submit it along with the copies of your deed and any other documents supporting your case.. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. please file an eviction suit immediately

2. issue a legal notice first and then proceed to filing of the suit

3. not possible to predict time and money involved for getting your property back - lawyers are not astrologers!

Yusuf Rampurawala
Advocate, Mumbai
7537 Answers
79 Consultations

5.0 on 5.0

If you are the legal owner of the garage by a registered deed then you may issue a legal notice to him to vacate failing which you may file an eviction suit against him. 

Consult your advocate on this and proceed legally. 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

The time taken for disposal and the lawyer's fees for this case cannot be predicted. 

You may enquire about it with the lawyer who you may engage for this. 

T Kalaiselvan
Advocate, Vellore
85112 Answers
2215 Consultations

5.0 on 5.0

  1. As per the information mentioned in the present query, makes it clear that you have got the flat back but garage.
  2. So now, you need to understand that when he doesn’t have any right over the flat then how can he get the garage for his use just in the Flemish that you allowed to use the same by him.
  3. You should approach the court of civil law and file a suit for eviction and it won’t be taking more than a year as he doesn’t have anything to support his claim.

Sanjay Baniwal
Advocate, South Delhi
5474 Answers
13 Consultations

5.0 on 5.0

1. Lodge a police complaint against him for ill;egally occupying your garage.

 

2. File an evciction suit against him for evicting him from your flat.

 

3. File an application under Order 39 rule 1 & 2 praying for  an order restraining him to use the said garage till the eviction suit is disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

1. The restrain order you are expected to get immediately.

 

2. The eviction suit will take much longer time to be disposed of.

Krishna Kishore Ganguly
Advocate, Kolkata
27223 Answers
726 Consultations

5.0 on 5.0

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