• Unauthorized/ illegally / encroached Occupied My house property

I have a property in native place under my father names who have passed away. The house property papers are under my father names. And I have applied for the mutation and transfer the property in my name. The original papers of the land & house are still with me. My father made his properties completely from his own money, he was a employee in private company (senior mechanical Engineer).My Parental uncle (My father's brother) Came to me asked for home key for celebrating the first child ear piercing function Due to he does have his own house. So I gave home key to celebrate the child ear piercing function. After function Completion. I ask for home key in returned but he refused to give back the key instead he brought his elder sister and elder peoples of village stating that he also have right in property and compelling me that give property to him also using vulgar abuse. I told them when my Father was alive he already cleared that it his own property. He (uncle) also accepted it. But now he creating problem when my Father is not alive...We gave him time to sort out problem. My Paternal Uncle (My father's brother) who is trying to grab the property says he also have right in the property. I know he is a fraudster trying to grab the property. So I lodge complaint on him stating that Unauthorized occupied my house. But police does not take any action against them and advice me it can’t be clear here. You have go to court. I even produce every copy of document house property and EC also. And I ask why should I have go to court when I have every document & they don’t. Police said that it civil disputes .I ask police how can be civil disputes when it not ancestral property. The police said problem can’t clear here. So you have go to court and they ask letter from both side (me & uncle). My uncle gave letter stating we will not disturb until problem is solve. Still I refuse give letter they haven’t return home key but police wrote letter behalf myself due to I couldn’t able write in regional language and stating same we will not disturb until problem is solve as they said. After we came know that police also written they problem we will solve with help court only. And police gave receipt in that it stated that civil Dispute. After few days My uncle crossed limit by taking over my father land. We again went to police that my uncle creating problem again .but the police just advice us. Do nothing … they not even taking my complaint
Still I do not understand Why Should I have go to Court when I have all the original documents and EC perfectly and I can’t go my own father house. Due to still he has my home key with him. Not allowing us to enter in house. Even we went house he threading us... If he has right he should go to court but he not.. Instead we are going court. What shall I do?
Please guide me what should I do? to get him out of My house…….
Asked 8 years ago in Property Law
Religion: Hindu

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4 Answers

1) you have to file suit for eviction as uncle is trespasser

2) if police refuse to lodge complaint of criminal trespass under section 441 of IPC you can afile private complaint before magistrate under section 156(3) to direct police to inevstigate and submit report

3) Section 441 in The Indian Penal Code

441. Criminal trespass.—Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit “criminal trespas

Ajay Sethi
Advocate, Mumbai
96084 Answers
7727 Consultations

5.0 on 5.0

If what you say if correct then this property upon your father's intestate death shall devolve on his legal heirs, i.e., you, your mother and your other siblings.

This act of your uncle is nothing but criminal trespass as well as land grabbing.

It is an offence punishable under the provisions of criminal law.

If the local police is not cooperating then you may approach the district superintendent of police with a similar complaint requesting for a direction to the local police.

The complaint should be strong enough and the documentary evidences should be attached to the complaint.

Even if the complaint with the higher police is not effective then you may approach the judicial magistrate court with a complaint under section 156(3) cr.p.c. seeking direction to the local police for necessary action.

You can contact a local lawyer and take his advise on all such further issues.

T Kalaiselvan
Advocate, Vellore
86285 Answers
2292 Consultations

5.0 on 5.0

1. Lodge a police complaint by sending a letter to local police station under speed post under copy to the S.P./D.C.,

2. your complaint should be that your Uncle has just encroached in to your house and land against your strong objection when the property belongs to you out of inheritance since the title of the property stands in your deceased father's name.

3. If police does not take any action, file Writ Petition before the High Court praying for a direction up on the police to register a FIR and act accordingly duly submitting report as to in whose name the property stands.

Krishna Kishore Ganguly
Advocate, Kolkata
27332 Answers
726 Consultations

5.0 on 5.0

1. What your uncle has done is house trespass which is an offence punishable with an imprisonment of up to 7 years. Police is right as a trespasser can be evicted only by the civil court. You have to file a suit for recovery of possession against the trespasser to evict him from the property. Furthermore, seek injunction against them to restrain them from abrogating your title through forgery as it will be an uphill task for you to impeach third party rights once created by them.

2. Also move the magistrate's court through 156(3) to seek directions to police to register the FIR against them.

3. Engage a lawyer to get going.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

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