• Tresspassing by breaking lock on a property under status quo

My mother has trespassed into my sons property after filing a case against me and my son on a property which was registered by her on his name. The property was in our possession and under status Que ( rental agreement with tenant was there when case was filed by her) Now she has forcefully broken our  lock and entered the premises.Premises was kept vacant as she was not allowing us to have any tenants.We have filed a complaint in the local PS. do we need to see that any particular section the case is booked under in the FIR
Asked 2 years ago in Property Law from Secunderabad, Telangana
Religion: Christian
1) you can take out contempt of court proceedings against your mother If she has violated court orders of maintenance of status quo 

2) in your complaint to police dra attention to orders passed by court for maintenance of status quo 
Ajay Sethi
Advocate, Mumbai
38689 Answers
2171 Consultations

5.0 on 5.0

If the property no more belong to our mother she can be booked for criminal trespass offences.  In addition you can also file a mandatory injunction suit restraining her from interfering with your peaceful possession of the property without any rights and also to evict her if she is illegally squatting in the property refusing to vacate. 
You can consult your lawyer and discuss at length about all such further issues. 
T Kalaiselvan
Advocate, Vellore
28685 Answers
299 Consultations

5.0 on 5.0

A. What you have taken action against your mother is absolutely right step and first you need to get FIR copy to see under which section she has been involved her?

B. File a suit for eviction before the Court immediately and else, tenant will file suit against the present landowner i.e, your son for recovery of possession.
B.T. Ravi
Advocate, Bangalore
802 Answers
53 Consultations

5.0 on 5.0

1. Was the status quo issued by the court?

2. Your son is required to file a lawsuit for eviction to evict your mother from the property which is owned by him.
 
3. If the status quo had been issued by the court then your mother is liable to be punished for contempt of court. Your son can initiate contempt proceedings against her.
Ashish Davessar
Advocate, Jaipur
21786 Answers
595 Consultations

5.0 on 5.0

1) police will carry out investigations 

2) your mother statement would be recorded . 

3) we cannot say how long police will take in carrying out investigations 

4) charge sheet would be filed in court 
Ajay Sethi
Advocate, Mumbai
38689 Answers
2171 Consultations

5.0 on 5.0

You should follow it up with the police and see that they make arrests as per FIR, but if the police are very lethargic, you may move another application within 15 days of this complaint's inaction to the higher police official of the district seeking its intervention to direct the local police for an expeditious and effective action to fetch you relief.
T Kalaiselvan
Advocate, Vellore
28685 Answers
299 Consultations

5.0 on 5.0

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