Illegally occupying the property
ROHINI
(Querist) 27 April 2016
This query is : Resolved
Hello,
My name is Rohini. I reside in Canada and I have a property in Hyderabad. My parents and my brother came to Canada last year and they locked the property, gave the keys to a trusted person. My sister-in-law who has filed case against us U/s 498a has now illegally occupied the property without our permission and knowledge. She is not vacating the property. My mother is staying at my friend's place. My sister-in-law is enjoying the property while my mother has to stay at others place. I would like her to vacate the property as her own husband (my brother) do not want to stay with her. The police states that they do not have any authority to vacate her and it has to come from the court. Please advice. The property is in my name and i added my mother's name also.
Regards,
Rohini
Kappil Cchandna
(Expert) 27 April 2016
Mam,
Your mother can seek dispossession of your sister-in-law by filing the suit under section 6 of the Specific Relief Act. She can also file a suit for Criminal Trespass for dispossessing her ...
Warm Regards
Kapil Chandna Advocate
9899011450
ROHINI
(Querist) 27 April 2016
Hello Kapil,
Thankyou for your quick response.
Please tell me the procedure of how to file the suit for relief as well as criminal trespass. Also, how long it will take to vacate the property.
Regards,
Rohini
Dr J C Vashista
(Expert) 28 April 2016
Who is the title holder of the property, it is you, your mother, father, brother or someone else?
When did your sister-in-law occupy the house and before that who was the "trusted" person holding keys/possession of the house?
Why your brother is staying away from your sister-in-law?
Who is made accused person in the case u/s 498A IPC? How the accused person(s) is/are contesting the case? What is the relevance of aforesaid "forcible" occupation of house by your sister-in-law with the case u/s 498A IPC?
Consult and engage a local Hydrabadi lawyer for proper analysis, advise and proceeding.
Kumar Doab
(Expert) 28 April 2016
Certainly engage an able counsel specializing in such matters and proceed further after proper consultation, examination of record and inputs.
You have posted that you are the owner and later you added the name of your mother as well.
Rajendra K Goyal
(Expert) 28 April 2016
Consult with experienced lawyer and proceed.
Guest
(Expert) 28 April 2016
Well if your mother is also the owner of the property then she can certainly take action against her as advised by Mr. Kapil. And please engage an able lawyer to help you out further.
R.K Nanda
(Expert) 29 April 2016
agree with experts.
T. Kalaiselvan, Advocate 
(Expert) 02 May 2016
You can engage the services of a prudent advocate and proceed as per the suggestions made by expert Adv. Kapil Chandna, which seems to be best option before you now.
