Issue them legal notice to vacate the property
2) if they refuse file suit for eviction of the trespassers
3) enclose documentary evidence that you are absolute owner of property
Relatives not vacating
This is an inherited property from Grandfather to father to me. Father has registered a settlement agreement in 2017. He let his sister to stay there and maintain the property. she passed away in 2021. As there is no one else to take care of the property decided to fence the property. Only then I realised that my uncle daughter(fathers brothers daughter) along with her adult kids have occupied the house and are refusing the vacate the house. Following are the documents I have 1) Settlement agreement from father registered in 2017 2) Property tax paid original receipts from 2015-16 (fathers name), 2017 till date (my name) 3) Encumbrance certificate current reflecting my name till date from 2017 4) EB connection in my name 5) Patta in my name They do not have any revenue documents in their name to claim it is their property. But they are refusing to move out, stating it was Grandfather property and it is empty and they have rights to occupy the property. What are my options? I live outside India.
Asked 2 years ago in Property Law
Religion: Hindu
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13 Answers
It appears that they are unauthorised occupiers and even can be termed as illegal trespassers.
It is a surprise that you were not knowing they occupying the property which is in your possession.
Anyway, you can file a suit for ejectment to eject the unauthorised squatters out of your property immediately.
- Since, the said property was given to your father , then after getting that property , it will be considered as self acquired property of your father , and then he was having his right to transfer the same to you.
- Further, as your father has transferred this property by way of settlement agreement , then you become the legal owner of the property and they have no right to continue in that premises.
- Hence, you can send a legal notice to them to vacate the property , and if no positive response then file a Mandatory suit before the court for evicting her from your property.
- Further, you can also lodge a compliant before the police and higher official against her for the offence of trespassing and trying to grab the property .
1. How did your father inherited the property from your grandfather ?. Was it through WILL in your father's favour?. Assuming that your grandfather had executed WILL in your father's favour, and subsequently your father had executed settlement deed in your favour, then your uncle's daughter and her kids have no rights over the property. Send a legal notice to your uncle's daughter and her adult children to vacate the property and if there's no positive response, file an eviction suit in the jurisdictional Court for evicting them.
2. In the alternative assuming that your grandfather died intestate (without executing WILL), then his self acquired property should have devolved equally to his mother (if alive), wife and children.
3. In case if (2) is the scenario, then settlement agreement registered by your father in your favour in 2017 can't be legally valid.
4. If (2) & (3) are to be the situation, then your father's siblings would have equal right in the property.
5. Patta /Property Tax/Encumbrance Certificate/EB connection in your name does not entitle /confirm your ownership, as these are only secondary documents of title.
Dear client,
Based on the information provided, it appears that you have a strong legal claim to the property in question. However, dealing with the situation from abroad can be challenging. Here are some options you can consider:
Hire a lawyer: It is important to have legal representation to handle this matter. You can hire a lawyer in India who can represent you in court and help you resolve the issue.
Send a legal notice: Your lawyer can send a legal notice to the occupants, informing them of your ownership of the property and asking them to vacate the premises. If they refuse to comply, legal action can be initiated against them.
File a police complaint: If the occupants are unwilling to leave even after receiving a legal notice, you can file a complaint with the local police station. Your lawyer can assist you in drafting the complaint and submitting it to the police.
File a lawsuit: If the police complaint does not result in the eviction of the occupants, you can file a lawsuit to claim possession of the property. Your lawyer can help you with the legal formalities and represent you in court.
It is important to note that the legal process in India can be time-consuming, so it may take some time to resolve this matter. However, with the right legal representation, you can protect your rights and claim ownership of the property.
You need to send them legal notice and file suit for eviction of the said property
You need to file a suit at the district court for declaration of your title and ownership on the basis of the documents in your possession, through a competent lawyer. For the purpose, you need to execute a special power of attorney in favour of your close relative or friend in India authorizing him/her to act on your behalf, after getting it suitably drafted by a competent lawyer. The special PoA can either be notarized in the USA or attested by the Indian Embassy/Consulate there. Then it needs to be sent to your power agent in India for adjudication (meaning, assessment of stamp duty) by the land registry. Once done, your power agent can act on your behalf. At the time of institution of the suit, ask your lawyer to file an interim application for restraining your relatives from occupying your property till the disposal of the suit.
File FIR against them of encroachment and house breaking.
This is a follow up question of https://www.kaanoon.com/428197/relatives-not-vacating My fathers sister(aunt) was living there in the tile house and looking after the property. She passed away in 2021. After she passed away I submitted a EB connection closure form to Electricity board as I heard some relatives are using it without my knowledge. Assistant Engineer EB refused to disconnect the electricity which is in my name stating that the person staying in the house is claiming themselves as the owner and I have to reach out to court to first determine who owns the property. He was not cooperating in telling what proof was given to claim their ownership. Later I applied for RTI asking what was submitted as proof of ownership. In response to the RTI I reveived a certified copy from AE stating that they have provided house tax receipt for 4 years from 2015 to 2019 (with corporation seal, clerk sign, elected panchayat head sign bearing the occupant name). This is a forged house tax receipt as I have the original house tax receipt and EC for the same shows in my name. As they have submitted a forged house receipt to EB and I have the certified copy of the same. What are my options to file a criminal FIR? Can this be done along with Eviction case which will be a civil? Also me staying in USA is it possible to file an FIR online either for forged EB receipt or for eviction case? If I hire a lawyer from the district court is my presence required for the hearings? If I come in person once will the police cooperate to file and FIR (or) will that be a hassle as the person occupying the property has local support (neighbors)
Asked 2 years ago
File police complaint of forgery ,fabrication of documents against your relatives
you can file civil and criminal case against your relatives
your presence is not required on each date
From your contents it appears that you are not taking steps to arrive at a solution to get rid of this menace, instead you are stretching the issue over unnecessary issues especially which are not maintainable.
The problem here is with the Electricity department to have accepted the forged documents from a stranger in order to grant the connection to their name.
Now since you have already obtained certified copies of the forged documents as well as you have documentary evidences for having paid the property taxes for that particular period, you can raise a complaint with the electricity department and request them to cancel the same and then accede to your request to disconnect the electricity connection.
Actually he has played fraud on the department and not against you.
In fact you can file a suit for ejectment against him to eject him from your property since he is an unauthorised squatter in your property and it may be considered as a trespass as well.
You can take action to retrieve the property from him through legal sources, i.e., civil court.
For filing a suit you may authorise any close relative back in India by executing a power of attorney for court purpose and conduct the case through your power agent during your absence, however you may have to regularly follow up the case so that there is no lapse or lax on your side.
- As per law, a property tax receipt is not a legal document to claim the ownership, and hence you can file a compliant against the Assistant Engineer of EB as well for accepting that as a proof of ownership.
- You can file the said civil case after engaging a lawyer , and your presence is not mandatory before the court except only at the time of evidence.
- Further, if you are unable to come India for the same, then you can give POA to any relative in India
- Further, that POA holder can file a compliant before the police on your behalf as well, and also you can send by post as well directly from abroad.
You can only file eviction if you want to get them out for other criminal offences you can file other cases
Dear client,
Based on the information you have provided, it appears that a criminal offense may have been committed in relation to the submission of the forged house tax receipt to the electricity board. You may consider filing a criminal complaint with the police in the jurisdiction where the property is located, providing all relevant documents and information.
In terms of eviction, you may need to file a civil suit for eviction against the occupant of the property in the appropriate court. The process for filing a civil suit may vary depending on the jurisdiction where the property is located. It may be helpful to consult with a lawyer in India who can advise you on the specific legal requirements and procedures.
As for your presence during court hearings, it may depend on the court's requirements and the specifics of your case. Some hearings may require your physical presence, while others may allow for virtual appearances or representation by a lawyer. It would be best to consult with a lawyer in India who can guide you through the legal proceedings and advise you on the specific requirements for your case.
Regarding filing an FIR online, it may be possible in some cases, but the process and requirements may vary depending on the jurisdiction and the nature of the offense. It may be helpful to consult with a lawyer or contact the local police station for guidance on the specific process for filing an FIR in your case.