Criminal tresspass of my property

Yuvanthi Kumar (Querist) 30 April 2023 This query is : Resolved
My brother is attempting a criminal Tresspass to my property let out to a tenant who is planning to vacate next week. I have a valid rental agreement with tenant. Also there is a civil suit pending in court regarding this property. The property is still under bank loan and being repaid by me. However the title is not transferred from my father who passed away 10 years back. Can I give a police complaint to stop criminal Tresspass? Also the tenant is joining hands with my brother..

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If your brother is attempting criminal trespass on your property, which is currently let out, you may be able to involve the police with documentary evidence. However, the situation is complicated as the property title hasn't been transferred since your father's death 10 years ago, and a civil suit is pending. While you've been paying the bank loan, this doesn't grant exclusive ownership if the title is still jointly held by legal heirs. It's crucial to consult your lawyer who is aware of all the specific facts and circumstances.

T. Kalaiselvan, Advocate (Expert) 30 April 2023
If there's an attempt to trespass and create problems then you can approach police with documentary evidences to prove his intention and the motive behind such illegal activities.

Dr J C Vashista (Expert) 01 May 2023
You have already stated to have engaged an able, competent and intelligent lawyer what is his/ her opinion and advise as s/he is well aware about facts and circumstances of the case ?

P. Venu (Expert) 01 May 2023
The posting suggests deeper issues. Please post complete facts.

Admittedly, the property belonged to the father. After his demise, the property has devolved jointly upon all the legal heirs. You cannot claim exclusive rights or title over the property unless your father had conveyed, settled or bequeathed the property in your favour. You cannot claim the exclusive ownership just because of the payment of EMI, in part or in full.

What is the subject matter of the civil suit, as stated? Who are the parties?

Sudhir Kumar, Advocate (Expert) 02 May 2023
one needs to see all papers before coming to a concrete view on the matter.

Yuvanthi Kumar (Querist) 02 May 2023
My father got a sharecof 1200 square feet property by way of family partition in 1980. In 2009 he executed a family settlement deed to my brother and transferred title only for 600 squarefeet. The remaining property of 600 square feet was mortgaged by me in a bank and my father was a co applicant in that loan. He didn't transfer title to me by a settlement deed. He passed away. In the legal heir certificate my brother,me and my mother name is mentioned. My brother is trying to take possession of the remaining 600 square feet property as well by criminal Tresspass.

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