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advise to deal with flat grabber

(Querist) 20 February 2009 This query is : Resolved 
i have an uknown person who has removed my board from my flat and put his board claiming flat belongs to him , i have a court order (decree and Letter of admin) and flat is still in my fathers name what i should do logically how do i maintain my possesion , currently it has my lock and i am no staying for fear of physical threat to me
PALNITKAR V.V. (Expert) 20 February 2009
Just remove that board if there is no court proceeding. Then wait and watch. If anybody comes forward then only you need to take some legal action to protect your possession. This can be done by filing a suit for injunction. In the mean time also file a police complaint. Perhaps that may be filed as Non Cognizable. But that will be useful in further proceedings.
Jithendra.H.J (Expert) 20 February 2009
you have not stated what decree you have obatined? is it declartion or permanent Injunction?
A. A. JOSE (Expert) 20 February 2009
Yes, proper clarification sought by Mr.Jithendra would be useful please.
ARVIND JAIN (Expert) 20 February 2009
GIVE BETTER PARTICULARS FOR PROPER REPLY.
rk (Querist) 20 February 2009
decree is from court awarding flat in my name
PALNITKAR V.V. (Expert) 20 February 2009
You mean to say the court has recognised your ownership? That would be more better. You may do what I have already suggested.
sanjeev murthy desai (Expert) 20 February 2009
Yes absolutely right Mr. Palnitkar
MANISH (Expert) 20 February 2009
Mr. Palnitkar is right.
Apart from that you may also send a legal notice to such person, regarding hampering your right to use your flat for putting board. You may also file a complaint in the police station. However, in most of the cases it has been seen that police do not register FIR. But you may proceed with the criminal case in that regard. You may also claim damages and compensation from such person, however, you may not be awarded the same. But all these things will put pressure on such person, and he will refrain from doing such illegal act.
Uma parameswaran (Expert) 20 February 2009
Try to obtain police protection for your peaceful stay in the flat.
Kamlesh soni (Expert) 20 February 2009
Mr. Palnitkar is right.Try to obtain police protection for your peaceful stay in the flat.
Abhishek (Expert) 20 February 2009
Hmm...i will go wid Mr. Palnitkar..!!
rk (Querist) 21 February 2009
Pl note a third person claims to have purchased it from loosing party , prior to us filing the case and subsequently winning it.

loosing party never ever once mentioned that this flat has been sold by them to this new found claimant during complete court proceeding ?

if one has to again file an injuction against this sudden new third person , what is use of court order and letter of admin which has been issued to me , are these documents not good enough to get enforcement of law for property

another case is exactly what he wants, do i fall into this trap. can court not issue directive to police.flat possesion is with me and is still in my fathers name

Pl advise

PALNITKAR V.V. (Expert) 21 February 2009
You should protect your possession. Dont lose it in any case. Truly speaking, the facts given by you that too in piece meal are not good enough to give exhaustive opinion. If you post all facts in detail we will try to give proper advise.
A. A. JOSE (Expert) 21 February 2009
Agree with Mr.Palnitkar.
rk (Querist) 22 February 2009
how to mantain possession of flat , i am layman ,

i fear loss of my life and property , i am currently unable to stay in the flat as it is dialapited conditions due to lenght of court case that it was contested also this flat is located outside municipal limits that i am currently staying

suddenly a person who has put his board and removed mine saying flat belongs to him , this same person has earlier barged in when i was inside a flat and i had lodged a police complain , an nc was lodged by police

This party has bogus papers of flat and has come in picture because of person who has lost against me

i am lost
PALNITKAR V.V. (Expert) 22 February 2009
It is for you to find out the means for the protection of possession. you can file suit for injunction for that.
rk (Querist) 23 February 2009
sir, injunctions is again another court case

i have already spend 10 years in trial court and party who has lost and sold my flat has gone in appeal in high court, high court has admitted appeal but still mentioned i am legal heir

is there any another way ......
B.B.R.Goud. (Expert) 23 February 2009
Mr R K,

Though you have sufficient documents pertaining ownership, if they occupied & in possession and threatening, you have three options:
1. if you want to have in your possession, you need to be in possession physically, with help of court and police authorities.
2. if you want to have in your possession but you had fear of threat, then you need to lease or mortguage to any Govt authorities out of which you can be benefitted.
3. if not, you need to sell to them at the market or appropriate price, to avoid physical life threat, property loss and mental torture etc.
rk (Querist) 24 February 2009
what to do if police is not honouring court decree and letter of admin , further i fear threat to my life , i cant be jackie chan

none of solutions are applicable i am lost
M. PIRAVI PERUMAL (Expert) 02 March 2009
The members of LCI are not magicians Mr. RK.
Jithendra.H.J (Expert) 08 March 2009
why are you loosing heart dear RK?

all the laws are made for the peacefull leaving and peacefull existance of the human beings!

stop thinking neagetively(sorry)

before approching police authorities how you can guess, they wont help?

you are telling that, appeal is pending, it means, if you dispossed also, the court will restore the possession
rk (Querist) 09 March 2009
Dear Mr Jithendra,

i am forced to loose heart because after winning a court case i am not able to enjoy my property , police says they cant do anything if a person has put his board claiming flat is his , who do i approach
i cannot be filing injunction against him as that is exaclty what he wants.

all i am askig is smart ways to tackle such people specially if i am i had approached here hoping group can help advise
n.k.sarin (Expert) 12 March 2009
Dear rk, in my opinion first of all u must remove the said board from your flate and put your board there without any fear.Secondly you must lodge police complain against said person narrating full facts supporting with the documents keeping the faith in law.


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