It will not attract any criminal offence.
However due breaking lock if there is any loss or damages to your belongings you can file civil suit for recovery and compensation.
Is it illegal for my uncle 2 break into our undivided ancestral property while it is our possession?
This property was bought by my grandfather in 1956. He passed away without making a will so did my grandmother. Knowing the I'll intentions of my uncle's to usurp our rights in the property, my father took possession of the property and started staying there. My father and mother we're staying in the property since 2009. All amenity connections are in my father's name. My father died in 2018 hence my mother starting living in Mumbai with me. Sensing the opportunity, one of my uncle's broke open a one portion of the property and installed his locks instead of ours. My question is whether we can file a robbery/theft/breaking-in complaint with police? If we break those locks and reinstall ours, can we be then prosecuted on the same grounds. Note: My grandfather had 5 children, 3 sons & 2 daughters. Out of them, one son and one daughter is no more. Assumption is my uncle has paid up local police station before this act. Thanks
Asked 4 years ago in Property Law
Religion: Hindu
19 Answers
1) possession of one co owner is possession of all
2) file suit for partition for division of property by metes and bounds
3) seek injunction restraining sale of property by uncle
4) no case of robbery is made out
5) your mother can go and stay in said house
Well on grand parents intestate death, property inherited in their children by 1/5th each. But you in possession of property and everything on father`s name.
Break the lock, tale possession and file FIR first for criminal trespass. If they have any claim than let them approach civil for for partition and possession.
1. IRRESPECTIVE of the "undivided" property and even IF uncle has a stake /claim on such property, STILL he has to follow due procedure of law, to break open locks etc.... and take forceful possession, which would amount to trespassing etc.... All this things CANNOT be done with a Court order.
2. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Theft, Intimidation, Breach of trust etc.... against the person, supported with all relevant supporting documents.
3. 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.
Yes robbery can be filed in this matter as that will be only defense for them to file and make their case stronger
Your mother have equal shall like her brothers in the property. To safequard the possession, mmediately lodge a criminal complaint before the local police station for criminal tress pass and theft.
no, it is not criminal offence your uncle is also a co owner.
The property can be amicably divided by making a deed of partition among all the legal heirs i.e the siblings of your father. Once the siblings sign the partition deed the property will be divided. If consensus is not reached then you may file a suit for partition in court.
Yes since the property is in your free possession it is trespass and police complaint for same can be filed. Further if police station has been bribed a direct complaint with the magistrate can be filed.
See at this stage it is not advisable to break there lock though since property in your possession in records you can silently put back your locks as evidences are there to show the possession.
Thanks for the prompt response. My next question is? If I break in the locks and reinstall new locks can I also be charged under a criminal offence? Thanks in advance
Asked 4 years ago
You can also be charged with offence if you have e broken the locks of house
If you break lock without notice to them or without police interference they may falsely charge you under the said offences. You will need to justify that your breaking of locks were in good faith
Question 3: Is there a difference in filing a partition suit based on whether we have the physical possession or not? I mean cost, hassle or time wise.
Asked 4 years ago
no difference in filing partition suit whether you have physical possession or not . litigation costs , time would remain the same
See by mending facts they can file a complaint against you though since in your case it possible to show possession in your favour so it can be contested.
Yes the court fee applicable is different also it vary from state to state.
No.
Why you files partition suit, you are in active possession, let them file and bear litigation cost.
No you don't require physical possession for partition suit. You can file it without the same
Yes you can lodge FIR against your uncle for breaking into the house without your consent with intention to trespass and taking illegal possession of your house.
If police refuse to register your FIR under the influence of your Uncle hire an advocate and file criminal complaint in court against your uncle.
If your uncle has bribed police then no complaint from your side may be entertained by police, hence you better break open the lock and enter into the house and remain there itself for a long time.
In the meantime since this property belonged to your grandfather, as one of his legal heirs your uncle has a right in it, there fore better arrange for an amicable partition to avoid any dispute or litigation in this regard.
Your uncle with his influence in the local police may lodge a false criminal complaint agaisnt you in this regard.
Filing a partition suit whether in possession or not makes no difference.
You can file a partition suit even without being in possession of the property.