This is my case details.. https://www.kaanoon.com/464858/crook-forcibly-taking-over-apartment-from-my-old-parents A guy with his family breaks into the flat and starts living. He thought that the owners who are in Canada will never return and hence he will be able to get the flat with ease Now these are the things done 1. Raised FIR and inspector said he wants to record statements of my mother when she returns to India 2. Hired attorney for 50K and he just sent notices to Police, electricity dep etc and just said that we should go for a settlement 3. The electricity dep of the apartment stopped electricity of the flat for a day but then restored due to pressure from local big wigs of the complex Our attorney simply wants us to return and look for settlement while he continues to stay, He claims that since the agent facilitating the deal is claiming that we allowed him to use our flat, our case is weak. I am absolutely distraught and helpless. Anyone gets into house and is claiming he has paid some amount and has some friend agent as a witness who is also claiming that we allowed him to use his house What should i do?? There is no security of even flats in a complex? So easy for anyone to break and start living? The person is threatening that if we try court, the cases will go forever and that will be a loss (so better get into a settlement while he stays inside) Can we push for electricity cut? Is that illegal? is the lawyer incompetent to not been able to force police to take action?
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Lawyer cannot force police to take action other than issuing legal notice and endorsing a copy to the higher police officer.
If the police have sought your mother's statement, you can arrange to give an online complaint by her from there itself and contact higher police officer explaining the situation and request for direction to concerned police to book the unauthorized occupants and remove them by filing FIR against them.
You can change the lawyer if this one is not found to be effective.
You have to file case of criminal trespass
2) if police refuse to lodge FIR file private complaint t before magistrate to direct police to investigate and submit report
3) you have to file suit for eviction
- As per Delhi High Court ,Electricity is an essential service and a person cannot be deprived of it without a cogent, lawful reason.
- Since, he has encroached the flat then the essential services can be denied only after getting Court order
- Further, if there is already an FIR for the offence of trespassing, then you can file an application before the Judicial Magistrate for knowing the status report and to arrest the culprits.
- It is looking that your lawyer is not performing his duty as there is no question arose for the settlement with the said accused persons, and hence you can engage a new lawyer for the same. .
- Further , if the police has not lodged an FIR till date , then you can file a complaint under Section 200 CrPC read with section 156(3) ( New Section 203 of BNSS )before the Court for the same and to arrest the accused in the case.
Dear Client,
To address the issue effectively, press the police to take swift action since an FIR has already been filed. Your mother's statement is crucial, so arrange for her to return to India as soon as possible to provide her testimony. Consider hiring a new attorney with experience in property disputes and criminal trespass if your current lawyer is not effectively advocating for you. Ensure that this new attorney pushes for immediate police action and legal remedies.
Temporarily cutting the electricity might be seen as harassment and could backfire legally. Instead, focus on legal routes for eviction and regaining possession of your property. While court cases can be time-consuming, a well-prepared case can result in an eviction order. Ensure all documents and evidence proving your ownership and the illegal occupation are well-documented and presented. Request the police for immediate eviction of the illegal occupants. In some cases, the court can grant a temporary injunction to prevent the occupier from staying in the property during the trial. Any threats from the trespasser should be reported to the police immediately, which could lead to additional charges against them. By following these steps, you should be able to reclaim your property and ensure justice is served.
