• Trespass and abuse and threat

First of all its about a property in small town at rajasthan. Its a small haveli devided in four parts to 4 brothers by legal registered batwara documents. I the owner of 1 part of the 4 purchased 1 more part from my fathers brother( the owner of this part) now i have half of the haveli with all proper paers and documents but as i have never lived there and vist very rarely my cousin brother has kabja over it. When i went thr he did not let me enter my portion and thretened to dire consiquences if i dare to enter again... what should i do and whom shoul i approach as i am 70yrs old and want to live at my ancestral house for rest of my life. Please advise.
Asked 6 years ago in Criminal Law
Religion: Hindu

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13 Answers

First of all you should get F.I.R registered against those who are threatening you. So far as the question of recovery of possession is concerned you will have to get Civil suit filed in civil court for eviction of trespassers who have illegally taken possession of your Haveli . Second option available is to take the possession of land with the help of administration . 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

You can file a FIR in the police station. As you are senior citizen police will visit your placa and file FIR

Prashant Nayak
Advocate, Mumbai
34526 Answers
249 Consultations

file suit for eviction against your cousin brother 

 

2) since you are a senior citizen you can seek expedited hearing 

Ajay Sethi
Advocate, Mumbai
99790 Answers
8147 Consultations

If the property is on your name and its vacate than you can make complaint in nearest police station that they are not providing way to enter into haveli as per Easement Act.

 

Secondly can you tell me that on your 50% share they have possession or its empty. And when did this happen, on which date you have purchased property, how many times do you have visited the haveli ....etc etc.

 

If you provide all in details so can provide you a right path how to vacate them.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Respected sir .  

For entering there you must have to seek help of legal authorities as above stated by you that you are about 70 years ..the same can be done by your legal hires or the person's to whom you can assign power of attorney ...you have to approach police while giving a complaint to police officials along with the paper's they will themselves make him out of your portion ...this work can also be done with the help of an lawyer...

 

 

Thank you

Dinesh Sharawat
Advocate, Delhi
1266 Answers
12 Consultations

civil suit will take long time. Complain to police for forcibly restraining you from entering your house. 

File complaint to magistrate u/s156 if police do not take any action. 

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

1. You are required to file a suit for recovery of possession in the competent civil court.

2. A criminal case for house trespass and criminal intimidation under 452 and 506 IPC can also be filed against him.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You are owner of that property. 

No one can stop you to live there. 

Move a complaint to police that I was living there but after some time I went another place to live. 

But now when I came there I found lock of my house were broken and these person are living there. 

They have theft all my household articles and nowwthey are threatening me to kill if I will ever again come there. Copy of documents of ownership attached. 

Police will take action and you will get your property back


For that it's all upon drafting of your application. 

No matter they are living there since long but if you will draft a good application after putting all ingredients of offence then police cannot help them and they have to register for. I. R against them and your only motive is this that they will give you your property and you can stay there

Tarun Budhiraja
Advocate, Rohtak
379 Answers

1. You can file a Police FIR, requesting investigation and charge-sheet, for offences like cheating, intimidation, trespass, breach of trust 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.

3. You can also file Civil Suit (even thru your Power of Attorney POA holder), for declaration and restraining the opposite party from stopping you for possession.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You should file a suit for possession and for eviction of the unauthorized occupants. 

 

regards 

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Why don`t you file FIR for wrong full restrain, criminal intimidation and encroachment. Police will arrest him or issue him waning. IF police not register FIR, go to SP or file court complaint.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

He cannot stop you from entering into your property.

You can lodge a criminal complaint against him for preventing you from entering into your property, for trespassing your property, for land grabbing offences and criminal intimidation as well as the threats he poses.

Also you may file a suit for possession of your property besides declaration of your title.

 

T Kalaiselvan
Advocate, Vellore
89992 Answers
2495 Consultations

See you can file police complaint for same and also you have to file suit for the possession of the property.

Since you are senior citizen you can pray before court for expediting the matter and deciding it fastly.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

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