File petition in HC for contempt of court as he has deliberately violated court orders to maintain status quo and broker your locks on 1st floor
Brother has taken illegal possession of property
Hello Advocates, My father has an independent house (G+2) in the city. For last 20 years my mother(father expired in early childhood after construction of house) used to live in ground floor, i used to live in 1st floor and my brother in 2nd floor. Recently my brother had claimed inheritance of the entire property. As the disputes were escalating I locked my house with all material inside and started living in another location. I have also filed a petition in civil court. The court had ordered a status quo on the premises. However, my brother had broken the lock and taken control of the premises. We have filed a police complaint of the same but the police are not willing to take action. What legal options do I have to proceed from here.
Asked 4 years ago in Civil Law
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8 Answers
Thank you Sir. My brother is claiming that I have vacated the property and he has possession of the property even before the court order has been served to him. Regarding all the items in the house, he is claiming that all those items are his items.
Asked 4 years ago
Deny that you vacated the premises it was under your lock and key
court orders of maintenance of status quo has not been set aside
take out contempt of court proceedings against brother
- As per law after the death of your parents , the property would be devolved upon the legal heirs equally.
- Further, your brother is not having any right to claim over your share in the property , and can also not claim entire property , until you have released your share legally.
- Further, if he has broken the lock of your floor , then a compliant is to given to higher official as well , if police has not lodged FIR against him.
- Further , if there is not response , then file a complaint before the magistrate in the court .
- Further , you can also file an Injunction suit before the court for restraining him from interfering in your possession.
- If you have vacated the property , then also he having no right to take your share , and his said act is amounts to trespassing .
- Further , as the court has already passed status quo order , then you can also file a contempt petition in the same court against him.
File a petition in same for violation of status quo under Order 39 Rule 2A seeking attachment of his property, you can also seek him imprisonment in civil prison. Talk to you Advocate he will do it. It is not easy for him to claim that all movables belong to him. If the property is in his possession has he claimed so in the Court at any stage of the case. These things depends on proper pleadings in Court.
If he has broke opened the property in which your items are kept, especially despite a status quo order by court. then it can be considered as contempt of court and you can file a petition seeking action against the contempt before the same court.
Besides, if your earlier suit is not for the relief of partition, you may immediately file a suit for partition seeking proper division of property and to allot your legitimate share of property with separate possession.
You were advised to take proper action against him by filing a contempt of court case besides you can give a criminal complaint against him for theft of your items with the local police.
You can file a criminal complaint to court and get orders from cout to proceed with the case
Dear client,
(1)- You can file civil suit for declaration and possession of disputed property in civil court. Then you may get possession through court. Concerned court then direct to your brother not to interfere your possession.
