• How to evict a house trespasser forcibly entered my flat?

I have recently bought a flat from the developer with a sbi bank loan in Kolkata. After having registered the property, we got flat keys, possession letter, and stayed in the flat for a few days. For my job, I had to move out of the state. Recently, I came to know that a house trespasser forcibly entered my flat. FIR was lodged to the local police station. The criminal has handed over the key but when my relatives went there found a different lock and the same was reported immediately to the police station. What else I can do to evict the trespasser? Can I file a writ petition to Calcutta High Court? But I heard High court is not fully operational yet. Any suggestions would highly be appreciated.
Thanks
Asked 1 month ago in Criminal Law
Religion: Hindu

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34 Answers

You shoudl follow up with the police in this matter. Although urgent matters are being heard in High Court but that would cost you much. You should keep in touch with police for the eviction. 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

You have to file suit to direct trespasser to vacate house in his possession 

 

seek declaration that you are absolute owner of property 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Dear Client,

You mat first sent a legal notice for eviction. if after receiving the notice, he does not vacate the premises, you may file a suit for eviction in the civil court.

Jaswant Singh
Advocate, Gurugram
877 Answers
2 Consultations

4.8 on 5.0

Hello,

  1. As you  have already got an FIR lodged, there is nothing more to be done . You will need to pursue the police and get the culprit arrested and interrogated and get the lock broken in the presence of police personnel.
  2. A Writ petition does arise in the circumstances as Writ jurisdiction can be invoked only in circumstances where you do not have any alternate remedy and an exceptional circumstance has arisen.

S J Mathew
Advocate, Mumbai
3033 Answers
110 Consultations

5.0 on 5.0

  1. Why has prosecution not been launched yet by the police?  You must file a writ petition in HC for issuing writ of mandamus against the police. 
  2. You must also file a private complaint before the magistrate court for trespass. 
  3. Both 1 and 2 must be done

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1341 Answers
5 Consultations

4.4 on 5.0

There is no writ petition maintainable for this criminal offence.

If the trespasser had put a different lock, you inform the police and break that lock, put your own lock and also insist police to initiate proper legal action for the offences of criminal trespass against the culprit on the basis of your complaint.

 

 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

1. Well.  If the lock is unknown then keep your lock over it as well. 

2. Another option is to break open the door, take possession over the flat and then continue physical possession. 

3. The high court is operational on VC mode and if you wish your case can be placed before the high court. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

Did you fail to pay the EMI , even of it is the case no one has the right to enter your premises without your consent. If police fails to take action file a case under section 156 (3) if there is any immovable property you should check of anything is missing or not. In case you found something missing a provision of theft should also be added .

Hope this helps.

In case you need any other help feel free to contact me.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

You cannot file a writ petition. As of now the trespasser is not in "settled possession", you can evict him by using reasonable force yourself and/or by seeking police assistance. 

If you don't do so, you'll have to file suit for eviction which can take several years.

Agam Sharma
Advocate, New Delhi
553 Answers
4 Consultations

5.0 on 5.0

- Since, the said flat is registered in your name , then any interference in the possession into the same is amounts to trespassing , and is a criminal offence. 

- Further, as you have already filed a complaint against the said trespasser , but if there is no FIR , then you should sent the said compliant to higher official .

- Further , if no response and given possession to you , then file a complaint before the magistrate .

- Further you can also file a Mandatory & Permanent Injunction suit before the court for evict the said trespasser from your flat . 

- No need to approach High court for eviction, and further the lower court is already accepting petition through online mode. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

Break the lock and take possesion, if any force , call on 100 immidislty. Let the police complete the investigation. No role of High court. 

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

1. IF you are the registered Title Owner (by virtue of Sale Deed), and IF you had not leased /rented out your Flat and IF the Flat is empty right now, THEN you may just simply break open the Lock and take proper possession with your own lock & key.  By virtue of the earlier Police FIR, there is no further need to conduct any further legal proceedings.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

You can file complaint against him in the police station and ask to produce property papers otherwise ask him to vacate the flat. 

Ganesh Kadam
Advocate, Pune
11668 Answers
109 Consultations

4.9 on 5.0

 

Dear Sir/Madam,

You are suggested that the police complaint is sufficient and the police should register the FIR and take the trespasser to the task. Also, ask your relatives to pursue the police case and let the charge sheet be filed against him. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

You need court orders to evict the trespasser 

Ajay Sethi
Advocate, Mumbai
79294 Answers
4742 Consultations

5.0 on 5.0

Break the lock, take the possession and lodge an FIR for house trespassing and theft.

Swarupananda Neogi
Advocate, Kolkata
2904 Answers
6 Consultations

4.7 on 5.0

You can again approach the flat with police and break open the flat in their presence for panchnama. Apply your new lock. Approach HC for immediate relief in the said matter it's functioning through video conference

Prashant Nayak
Advocate, Mumbai
22417 Answers
49 Consultations

4.4 on 5.0

- Adopt the ways as i mentioned above to evict the said trespasser. 

Mohammed Shahzad
Advocate, Delhi
5531 Answers
51 Consultations

5.0 on 5.0

1. Based on earlier Police FIR, request for Police presence during opening lock & prepare proper panchnama of articles lying inside house with minimum two witnesses.

2. Legally, EVEN IF you simply throw away the household items, there is no legal action on you, whatsoever & whichsoever.

Hemant Agarwal
Advocate, Mumbai
5441 Answers
25 Consultations

5.0 on 5.0

Keep those under your custody after making an inventory and inform the Police. 

Devajyoti Barman
Advocate, Kolkata
21680 Answers
311 Consultations

5.0 on 5.0

You can inform police,  make a  list of the items he has left behind in the house,  handover a copy of the list to the police and in the presence of police keep them outside the flat or even outside the apartment complex. 

You need not worry about it because he is an illegal trespasser, hence he has nothing to claim. 

T Kalaiselvan
Advocate, Vellore
69328 Answers
929 Consultations

5.0 on 5.0

This is your house, everything belongs to you. Give them to kabadi wala.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

  1. Give a notice to him to take away those items, else you would dispose off them as you please.  
  2. Dispose off the articles, after the notice period expires 

Netra Mohanchandra Pant
Advocate, Navi Mumbai
1341 Answers
5 Consultations

4.4 on 5.0

File a complaint  with

SDM under section  145 Crpc

Dalip Singh
Advocate, New Delhi
856 Answers
13 Consultations

5.0 on 5.0

If FIR was lodged then you can break that lock and take into your possession. . 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

just inform to police about household items. 

Mohammed Mujeeb
Advocate, Hyderabad
18935 Answers
11 Consultations

4.5 on 5.0

You break open the lock in the presence of police which is handling your house trespass case under punchnama and take the Memorandum Of Stock of Articles under punchnama and get signature of punchas on panchnama and start staying in your flat again. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Dear Sir/Madam,

You are suggested that the police should book him under section 379 and other IPCs apart from the trespassing. 

Ganesh Singh
Advocate, New Delhi
6512 Answers
13 Consultations

4.5 on 5.0

1. Your relative should break the lock and take possession of flat

2. You should also send complaint to SP of that area that local police is not helping you in getting proper possession because accused have changed the lock.

3. Sell the items present in your house or hand them over to police.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

Police complaint 

Rahul Jatain
Advocate, Rohtak
5364 Answers
4 Consultations

4.8 on 5.0

1. As per law you shall have to file a case before the Civil Court for Recovery of Possession of your said flat which will take time.

 

2. Did that trespasser handed over the keys to you giving in writing? After receiving the keys, did you change the lock? Did you receive both the keys? Has he put another lock on the lock already existing keys of which he has handed over to you or broke open your lock to put the new lock?

 

3. If  yes then break open the lock and take repossession of the said flat without causing any noise.

 

4. If not then ;lodge a police complaint again for illegally putting a lock again illegally restraining you to enter in to your flat.

 

5. If police fails or refuses to register a FIR and act as per law, file a Writ Petition against police inaction making the Developer as the proforma Defendant and the said person as private defendant praying for a direction upon the police to register FIR, investigate and act as per law based on your said complaint.

6. Calcutta High Court is presently accepting filing of Urgent Writ Petitions.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

 File police complaint again and act as advised in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
24708 Answers
701 Consultations

5.0 on 5.0

The lock must be broken and you should enter the flat. Put your belongings there. Live there if need be. Put any servant permanently there.

Lodge a criminal complaint against him. Find out where he lives and who is he.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

Throw them away. Engage a good advocate.

Rahul Mishra
Advocate, Lucknow
11560 Answers
20 Consultations

5.0 on 5.0

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