Hello,This is regarding my Mama,my mother's real & only brother who was not married & slightly mentally weak & dependent on us .I lost my mother post that I was taking care of my Mama till 27 Feb 2019 at his pagdi house where he was staying alone .We called police to break his house door & took his recovery from them .After few days my mamas distant relative staying that building broke the lock & took possession of house .I had lodged police complain in which they defended showing rent receipt for the house where my Mama was staying for more than 60 years ( we are not having rent receipts as landlord has not provided us since starting ) .Strange thing was first rent receipt was of date 2009 & rent paid in that receipt was from 1975 till 2009 & that was only proof & receipt they had .My question is since my uncle there parents ,my mother use to stay in that house for so long for which I have all proofs like ration card,election card etc .How can landlord issue rent receipt to another tenant who is staying in same building.Police is saying that since they rent receipt then we cannot file a case of criminal trespassing .I want clear guidance for criminal case As civil suit will take lot of time & very clear remedy to take back possession quickly
1) who was paying rent of the premises ?
2) if payment was being made by cheque the bank statement of uncle would prove he was paying rent
3) who has rent receipt for period 2010 till date
4) criminal cases take over 15 years to be disposed of
5) it is better you file case before small causes court for claiming tenancy rights for he premises
6) rely upon ration card , election card of a your mother for said premises
Dear Sir,Rent of the premises were never taken by landlord from us since beginning .Suddenly in whims & fancies of the landlord he issued first rent receipt to our distant relative staying in the same building of my uncle's house in 2009 for the year from 1975 to 2008 & now this ppl broke the lock of my uncle's house & took possession & are claiming police there right basis on one receipt which is issued by landlord .Please suggest me clear guidance under which all sections they could be booked for entering the house & provision under law to evict them from house immediately ?
1) if police are refusing to lodge FIR file private complaint before magistrate under section 156(3) of cr pc to direct police to investigate and submit report
2) take the plea that uncle was in possession of premises for over 60 years and neighbour forcibly broke lock and entered premises . There is criminal conspiracy entered into between landlord and neighbour to take forcible possession
Plea under which section or sections ? Please respond with specfic response to sections under which case can be filed . as all my Mama valuable was inside the house & custody is with them .So it becomes theft ? Under 156 3 FIR to be lodged for which cognizable sections act ?
156 criminal procedure code is for police to investigate and submit report
it is private complaint filed before magistrate
if they ha ve broken lock case can be filed under section 441 IPC for criminal trespass
Yes you can file theft and criminal trespass case as it was mamas house. If they were having rent receipt why they were not staying there. It's a conspiracy of land Lord and that person. You can include landlord also for cheating and forgery of rent receipt
These receipts are forged and may be in connivance with the landlord. You have to file FIR for criminal trespass, cheating and forgery.
- As per law,a landlord is not allowed to take forcible possession from the tenant,
- Since, you have all the proof for use and occupation of the said house , then firstly you should lodge a police complaint against the conspiracy of landlord and the distant relative.
- If, police , refuse to lodge the same, then you should approch higher official of police department for the same.
- Further, if no legal actions against the conspirator , then you should file a case before the court under section 200 CrPC, including section 156(3) CrPc for an enquiry/investigation , and lodging an FIR for theft , criminal tresspass, and conspiracy.
- Further, you have also right to claim the possession , after filing a civil suit .
You say that your mama was residing in the house, you do not have any proof or evidence for his possession.
Your mother is also not alive to make claim over the pagdi system property.
Neither you are residing in the disputed property either at the time of death of your mama or after that, nor the house property was in your possession.
All these indicate that you cannot make any claim as a legal heir to the deceased tenant, especially when you cannot prove the tenancy of the deceased person also.
The documentary evidences in possession of the rival claimant can be challenged in the court however your case has to be first admitted to be taken on the file of the court, hence you may create some documents to prove that you are the surviving legal heir to the deceased tenant and that you were residing prior to his death and also post his death in the same residence.
All these are necessary o file the case, however these evidences alone may not be sufficient to succeed in the case because the landlord will come to his support in the court of law along with documentary proofs i.e., rental receipts, which will substantially prove his possession and enjoyment of the rented premises.
However you may consult an advocate in the local and work out strategy to confront the situation, if you dont get an assurance then you may decide otherwise.
First of all you ascertain that under which provisions of law you can claim the property?,
you are not a direct class I or even class II legal heir to the deceased tenant.
Moreover strictly speaking, this is a rented premises and the tenancy rights are protected and extended only to the direct successors or legal heirs of the deceased tenant provided they were living with the deceased tenant in the same house for years and they are still in possession and enjoyment of the house property.
You were never in the house hence it was kept under lock and key at the time of your mama' death, after that also you never bothered to reside in the property to prove your possession as a successor to the deceased tenant, therefore neither the police complaint or any other case as intended to be filed by you may not be maintainable in the given situation, hence you may decide about further course of action by applying your mind.
You can discuss with a local advocate about all the legal formalities and the provisions of law in this regard properly before deciding to initiate any legal action in this regard.
You may also drastically barge into the house along with few men to support you, pull out all your valuables from the house and if possible clean the entire house by taking away all the properties lying in the house, after that you may try to file a criminal complaint against them for criminal trespass or file an injunction suit agaisnt them for restraining them from forcibly grabbing the proeprty from you.
regarding for the purpose of protect property from illegal possession on the side of you can file a suit for permanent injunction and in such case the competent hon'ble court may be granted relief interim injuction / temp. injuction .
You can file private complaint before magistrate court u/s 200 of Cr.P.C and made prayer that action may be taken to register FIR u/s 156 (3) or Inquiry may be called u/s 202 of Cr.P.C. or process may be issued u/s 204 of Cr.P.C and magistrate will take cognizance u/s 190 of Cr.P.C.
You have to file both civil and criminal cases against those relatives.
Case of theft and criminal trespass and criminal breach of trust and making forged documents should be filed against landlord and those relatives.
And civil case for illegal dis possession.
