It's a fraud with the help of landlord. You can file a suit for possession of the said house in court

If they don't file you can file a complaint directly to court and seek orders to record FIR. Yes you can seek tenancy rights and also challenge his tenancy rights

You can contact me through kaanoon for telephonic consultation we can talk in detail and thereafter can meet and discuss how you take it forward. Yes you can seek remedy under 145 crpc too. 

You can take legal proceedings and claim tenancy rights in said premises 

2) rely upon ration card , election commission card to prove your mother was residing in said premises and on mother demise you are entitled to tenancy rights 

if Police is refusing to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report 

you can claim tenancy rights by filing suit in small causes court 

Statements of neighbours will help in proving that distant relative was not staying in the premises and lock was broken into 

if there are cctv cameras installed on the floor video footage would help you in making out a case 

if they have rent receipt issued by landlord case of criminal trespass is not made out as they have tenancy rights on the property 

1. assuming your uncle died a bachelor and thus without any issues and assuming his parents also predeceased him, then the tenancy rights of your uncle in the property will devolve on your mother since sister is a class 2 legal heir of a Hindu male under s.8 of Hindu Succession Act read with Schedule 1

2. in case of tenanted premises, there is a concept of devolution of tenancy rights on 2 categories of persons

3. the first category of persons, who always get the first preference, are the family members of the tenant who were living with the tenant at the time of his demise in the tenanted premises

4. the second category of person, who are considered in case there are no family members as above, are the legal heirs of the tenant

5. in your case your uncle was originally living in the tenanted premises with his family members. However subsequently the family members moved out from the tenanted premises or passed away and your uncle was therefore living alone in the tenanted premises. Therefore on his demise the devolution of tenancy on the family members would be ruled out

6. this leaves the legal heirs who would then be entitled to claim tenancy rights of your uncle in his flat

7. i would like to know who is the distant relative of your uncle - as to what is his relationship with your uncle ?

8. a distant kindred will be excluded if a closer relative is present

9. in your case your mother who is the sister of the tenant is the immediate legal heir and therefore the tenancy rights of the flat would devolve on her and the landlord is required to issue rent receipt in her name

10. it appears that the distant relative and the landlord have connived with each other to usurp the tenanted flat of your uncle taking advantage of the fact that he was living alone and that he was mentally unstable

11. your mother will now have to file a declaratory suit in the Small Causes Court against the landlord and the relative inducted by the landlord in the flat of your uncle

12. the landlord could certainly not have transferred the rent receipt like this to the name of some distant relative without ascertaining the other legal heirs of your uncle and therefore that transfer is illegal

13. since the landlord was not accepting rent from your uncle, he should have taken steps to either send money orders to the landlord for the monthly rent or to open a bank account in which the rent would be regularly deposited or filed an application in court for depositing the rent in court as the landlord was refusing to accept the rent

14. anyway even if a suit is filed now against the landlord, the arrears of rent with interest can be deposited in the court and a declaration will have to be sought from the court that  after demise of uncle, your mother is entitled to tenancy rights and rent receipt be transferred to her and to evict the distant relative who has illegally entered into possession with connivance of landlord

15. also it is not sufficient that rent receipt is issued for the period 1975 till 2009 relying on which the police has declined to register the FIR. The police ought to have asked for the latest rent receipt from the relative. Just because he showed a rent receipt upto 2009, the police cannot come to a conclusion that the relative is entitled to possession and therefore FIR cannot be lodged

16. so your remedy will be now to apply to the Magistrate for direction to police to register FIR and also you will have to file a declaratory suit as above in the small causes court seeking declaration of tenancy rights and restoration of possession 

You need to make out a case in your police complaint then only you will get the reliefs

You can complain to the nearest judicial magistrate, who will order the police to register the FIR if deemed necessary. Ensure that you get a receipt of your complaint being registered. Send your complaint in writing to the Superintendent of Police (SP) by registered post.

Dear

You need to file a criminal complaint against the new tenant as well as landlord for making false documents as well as fraud done against you for grabbing your property.

You should also file eviction suit but for that you need legal heir certificate of your mother as well your mama to prove the relationship between you and your mama. 

This is a collusion case.

The landlord and the relative hatched a conspiracy to grab the property and have done this criminal conspiracy meticulously.

If you want to fight back, you may file a mandatory injunction suit against this but the weakness in your side is that you never stayed in that house, only yor uncle and mother stayed there, hence you may not have sufficient grounds to claim any rights over it, especially tenancy rights.

Firstly you are not a class I legal heir to your deceased uncle.

For that matter even your mother was not a class I legal heir.

You never lived in that house  hence you are not eligible to tenancy rights.

In my opinion, since you do not have any evidence for having resided there, any case filed by you may not be maintainable.

For claiming yourself as one of th legal heirs to your deceased uncle you may have to file a succession certificate from a court competent.

The police will not provide any assistance to you in the absence of any other substantial evidence.

Your mother is not living now, hence she cannot claim or you can claim on the basis of your mother's background.

You have to prove yourself as a surviving successor to your deceased uncle.

Since he has produced the rent receipt he will become eligible for tenancy rights, however you can fight that why the receipts were not produced post 2009 year.

1. As per the information mentioned in the present query, makes it clear that you definitely can claim your inheritance over the property via succession suit from your mother’s side.
2. There will be an application under section 156(3) of the Cr. P. C. to get the FIR registered.
3. Police might file the ATR before the concerned Magistrate for closing of the case on the basis of the rent receipts, but there you would have to file contest application to prove your claim, only then FIR can be registered.