krunal (owner) 19 September 2014

Urgent please help house evacuation order by police

Hello Sir,

i have a ancesrtral house in diu ,to build the house in my native place my grandfather had given his brother money to buy a piece of land ,which grandfather brother bought in this name.after that the house was construeted .they built a row house with two different house number in same land sepreted by a single door partision.

after my grandfaher dead in 2006 my dad cousin claimed that it was there ownersphip in the house since the piece of land was bought in his father name and they changed the property tax name of my grandfather house from gramphanyact showing the 7/12 of piece of land .we do have old property tax recipt from 1987 to 2007 after that they have changed the property tax recipt and property card in there name.we do have ration card,residential proof ,share grampanyact certificate same address of my grandfather who have lived in that house for more than 50 years.

after that dad cousin locked a complaint with police that my dad has done trespassing and lockpricking in there proprerty.we showed police old property tax paper and old ration card but police order to evacte the property saying that they have full property ownership.

Does Police has a right to claim some one owbership ???can i claim my granfather house back ??? plesase help me what can i do ???

Reply Follow

1 Replies

k.chandrasekharan (advocate) 21 September 2014

Unless Goa police operate under any law which gives them more powers than their counterparts in the rest of India, police can not 'order' you to get the house under your occupation vacated. They might have done so, to avoid embarassment to you, in the event of necessity to register an FIR against you for the offence of 'criminal trespass and/ or any other offences alleged against you by the complainant, which method is resorted to by most of the people. Police has to act on the basis of allegations contained in the complaint. As a matter of prudence, police do advise people to get avoided the criminal action in predominantly civil matters.

You must act immediately to protect your interests. Consult a local lawyer and file a civil suit in local court. it appears from facts narrated that a suit for permanent injunction with an application for ex-parte interim injunction is feasible. Once there is a court order, police will be off the matter. But everyday pinpricks would continue from the complainant's side to provoke you and get fresh criminal complaint for other offences like intimidation, hurt etc may continue. You have to be in constant touch with your lawyer.

Tax receipts are not conclusive proof of ownership but may be useful for establishing 'possession'. You have not stated in whose name the 'patta' or khata or other equivalent Goan revenue record exists from 1987 to 2007. This is important information for your lawyer.