Illegal possession
sreekumar
(Querist) 06 February 2013
This query is : Resolved
1987- Bought the property through army quota, in my name, money paid by me, but the payment details of bank not available.
1987 to 2001- Given for rent, rent collected by my father, I never interfered.
2001 to 2002 – renovations done, money paid by me, bank details available.
2003 My sister Nisha occupied the house, after the permission of my father, informed me later. A small amount of money in the form of gold for a period of 33 months was paid as rent which was advised by my father.
2003 – 2004 my father and my elder sister died subsequently.
2006 when the gold chit over, I asked her to give as money only to me not the gold chit, initially agreed, but not paying the rent. After so many attempts, she was not ready to give me money, or house to me, so I went to court, for the rent, but dismissed my case since I did not have any documentation pertaining to her stay.
2007 Since Nisha was holding all the jewelries of mine and my mothers, not ready to give it to me, because I was not signing a NOC for my father's property in to her name, so I lodged a complaint in the police for my jewelry and the share of my mother jewelry. Both Nisha and my brother Jothi agreed to give me, in a common place in Delhi, but they did not.
2007 same year Nisha sent me a court order of temporary injection of my property, and then she applied for permanent injection.
2007 to 2011 during the case period, case referred to lok Adalat, but failed.
2011 Nisha got permanent injection, I went for Appeal, during this time we produced the documents, that nisha was not occupying my house to my lawyer.
2013 now my appeal got dismissed, exact reason for dismissing not known immediately.The operative portion read as under
"
"the appeal is hereby dismissed,confirming that degree judgement of the trial court in OS2853/7 dt 28/6/11,however by realising the tentency of the case by awarded no cause in this appeal"
Request for advise on
1. I want know can I occupy forcefully, if I do what will be the consequences?
2. How to get my house from my sister? I am staying in a rented house in same city.
3. Sale deed, in my name, property tax paid by me.
4. From the ration store, proof is there that she is not staying there
5. The electricity and water also cut off from my house.
6. Nisha,s husband is using it as Godown with some goods.
7 please read and tell me what remedies I have
8. Does the appellate court decision means it is a tenancy and I can collect rent
9.In that case can I file for arrears of rent and posession
10 Is it a case of adverse possession ? Is such a rule valid in India?
11. It is my hard earned money while I worked in Army. I trusted my sister and brother.So I did not keep a copy of the cheque details with which this flat was purchased under army quota.
12.My sister has also occupied a flat in the city whch was purchased in fathers name.
13. What remedy I have? Please tell me
pls advise
Nadeem Qureshi
(Expert) 06 February 2013
Dear Sree Kumar
state full fact of the case, In which ground she filed Injunction suit against you?
Feel Free to Call
Advocate Bhartesh goyal
(Expert) 06 February 2013
File suit for possession against your sister in civil court,this is the only remady.
Raj Kumar Makkad
(Expert) 06 February 2013
Your possession was permissive possession to your sister which can be taken back at any time.
You serve a notice to your sister to vacate your premises as ou have taken back your permission to reside therein and seek vacation within a stipulated time failing which file a suit for possession and the pending case can be got withdrawn with the permission to file fresh suit for possession.
Sudhir Kumar, Advocate
(Expert) 07 February 2013
see advised on http://www.lawyersclubindia.com/experts/illegal-possession-of-house-370041.asp
R.K Nanda
(Expert) 07 February 2013
agree with expert Goyal.
R.K Nanda
(Expert) 07 February 2013
agree with expert Goyal.
Raj Kumar Makkad
(Expert) 07 February 2013
This if is repeated query then no use to raise it again and again.
Sudhir Kumar, Advocate
(Expert) 08 February 2013
query earlier asked on
http://www.lawyersclubindia.com/experts/illegal-possession-of-house-370041.asp#.URUhqfJ17fM
