Custody of Property

Amy Ruffin (Querist) 05 August 2010 This query is : Resolved
I have a two storied house in Delhi which I inherited through my father’s will who died one year back. I am staying on the first floor and my Uncle (father’s younger brother) along with his family was living on part of the ground floor and one room on the ground floor is locked and under my possession. My Uncle was supposed to vacate the house after my father’s death as per the will and when he did not vacate I sent him a lawyer notice for eviction. After receiving the notice my Uncle gave to me in writing that he would vacate along with his family after two months, which he has done last week and we also have video footage of that. The Ground floor has two main doors and I am having keys of one of the doors and the other door they have locked and gone without handing over the keys to me. Also they have moved to their own house which is 2kms away. Please suggest how to proceed as I have access to the house and one door is locked.

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S. Bharath (Expert) 05 August 2010
By moving out, in the circumstances that you narrated, they have completely surrendered all their rights and claims against the property and it has now become yours; you may break the lock open and have your own lock.

s.subramanian (Expert) 05 August 2010
yes. i concur with bharath.

Amy Ruffin (Querist) 06 August 2010
Thanks everyone for the timely advice also if we break the lock can they still after leaving lodge a police complaint against me for that

Guest (Expert) 06 August 2010
YOU MAY KINDLY NOTE THAT YOU MAY SEND A LEGAL NOTICE MENTIONING ALL FACTS AND MENTION ABOUT THE LOCK REMAINING AT ONE DOOR.YOU MAY CALL OTHER SIDE ANY OBJECTIONS WITHIN REASONABLE TIME AND SEND THE SAID NOTICE BY SPEED POST A.D.OR REGD POST A.D . AFTER SERVICE OF NOTICE IN CASE THE OTHER SIDE DO NOT RESPOND THEN YOU MAY OPEN THE LOCK AND DO AS SUGGESTED BY EXPERTS.THIS WILL PROTECT YOU FROM ANY POLICE COMPLAINT AGAINST YOU PLEASE NOTE.
GOOD LUCK.

Amy Ruffin (Querist) 06 August 2010
Thanks all for the satisfactory responses

G. ARAVINTHAN (Expert) 09 August 2010
Mr.Bharath is right

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