jiten 19 September 2016

Can we complain to the city dc (deputy collector) against my uncle who is not vacating my mother

My mother purchased a shop in 2002 and allowed my Uncle (Father’s big brother) to use it on good will, this was after my father’s death in year 1998. Now my uncle is giving us threat that he will not vacate the shop until we gave him some good money which is equal to half price of the Shop cost. There is no rent agreement and he doesn’t pay anything to us. He just give us a threat that even in court it will take 10-20 years so go an file a case. I just need to know If I approach city DC (Deputy Collector), then can he actually listen us our request on humanity ground. Does a DC holds such power to handle such cases, considering my mother is widow and my younger brother is not having any source for livelihood.

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(Guest)

Dist. Collector does not have powers , this is civil case and jurdisction lies with civil court .

If you take help of good Advocate duration can be reduced to average 3 years.

But in Some state like Maharashtra Dist. Collector under his control Police Force is there as per State Police Act.

Dist. Collector won't have time to interfere for such matter even if there is provision for giving public hearing or listing griveances in Lok Shahi Din etc.

If criminal act takes places then you need to approch concern Police station etc. and go with step by step to senior officer only if there is criminal matter.

If Crime has taken place and Police are not taking steps and there is problem with admisistration then Dist. Collector can pass administrative orders to Police Dept. to look into the matter. But if matter is Civil matter then Police Dept will only send report that this is civil matter and Police force don't have jurisdiction .

Now again question comes whther it can be taken as tresspass etc. better take help of good local Criminal Advocate , who can study your matter in dept and also do-cordination with local police dept.

And see if Dist. Collector does not have jurdiscition to sort out issue don't waste time with him. Case will become further complicated due to technicallity .

See you need to approach civil court wihin specific time else court won't entertain you. Now from 2002 to 2016 , it is 14 years . And Court may not entertain your grievances you can file but relief you won't get.

Now if you claim he is tenany under provision of Rent Act, then your state Rent act is required to be studied , and whether case fits under evicition clause too required to be studied.

Any step in such situation you need to take after understanding each and all minute legal consequence, just asking this on forum and taking decission may not be good.

Better consult good advocate

(Guest)

For such relief you need to take consultancy of personal advocate who can first after thinking from all permutation combination looking into documents guide you which step will be proper and in your interest.

Myself severely against your view of going to DC because he has no powers and jurdisiction .