Dispossession of property by borrower

Nagarajan Arumugam (Querist) 01 May 2024 This query is : Resolved
I have purchased a property through MSTCE E-auction from a nationalized bank in 2020, document registered, revenue records and TNEB services are updated. Through CJM court property handed taken over by bank 2021 further handed over to me. Property renovation and a building with panchayat approval is constructed. While renting out, the loan borrower from the bank lock break open and entered premises and taken control of whole property.

I do made complaint to local police then and there, now they inform it is civil case, need court order again to vacate the intruders. Kindly advise the best way to get back my property and also peaceful possession

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Quick Summary

After purchasing a property through an e-auction and completing all legal registrations, the original borrower forcibly re-entered and occupied the premises. Despite police complaints, the situation is deemed a civil matter requiring a court order. The advice suggests this is a criminal offence including trespass and illegal land grabbing, and recommends pursuing both civil and criminal legal actions, potentially involving a higher police authority or a magistrate if the local police are uncooperative.

kavksatyanarayana (Expert) 01 May 2024
You may file a case against the person for occupation by force against the loan borrower and the Bank also. Engage a prudent lawyer.

Nagarajan Arumugam (Querist) 01 May 2024
Kindly advise, Is it a civil or criminal case? CrPc?

T. Kalaiselvan, Advocate (Expert) 01 May 2024
If the property was acquired by you through a registered sale deed then you are the absolute owner.
In that case the intruder has illegally entered your house which is not only a criminal trespass but also act of theft and illegal land grabbing
Hence it is a criminal offense, you may approach the top police officer with a similar complaint for intervention and direction to local police to remove the intruders forcibly and to initiate criminal action for the offences committed by them.

P. Venu (Expert) 04 May 2024
You can initiate civil as well as criminal action. If the Police is unwilling to register FIR, you may approach the jurisdictional Magistrate.

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