Illegal possession of a flat.
Annu
(Querist) 08 June 2014
This query is : Resolved
sir someone has illegally occupied my flat.
he does not shows me the documents either which will prove his possession as legal.
what can i do in such a case?
shoulde i file FIR.?
Devajyoti Barman
(Expert) 08 June 2014
looks like imaginary and academic query..
Annu
(Querist) 08 June 2014
sir i visited that place today after a year or so.
i have only sold lower portion of penthouse to that person.but he has occupied its terrace and a room on it?
he claims he has purchased it and doesnt shows me documents?
Annu
(Querist) 08 June 2014
barman sir i need quick advice ?
i wish if it was imaginary.
Raj Kumar Makkad
(Expert) 08 June 2014
File a police complaint against such person.
Annu
(Querist) 08 June 2014
makkad sir i am pressing hard for gettin FIR registered on criminal charges.
it is very likely that this person might leave this possession as soon as he hears of a FIR. as he doesnt have documents.
Devajyoti Barman
(Expert) 08 June 2014
File an application u/s 6 of the Specific Relief Act. The proceeding is expeditious and summary in nature.
In the meantime lodge complaint of criminal trespass as well.
Annu
(Querist) 08 June 2014
will an FIR on criminal trespass not lead to eviction of flat?
Devajyoti Barman
(Expert) 08 June 2014
no..separate civil suit will have to be filed.
Raj Kumar Makkad
(Expert) 08 June 2014
If police is not lodging FIR, take help of the court and lodge a criminal complaint under section 200 of criminal procedure code.
Dr J C Vashista
(Expert) 09 June 2014
I agree with the expert advise of Mr Devajyoti Barman, Specific Relief Act provision will be effective in this case. However, police complaint will be putting encroacher under pressure.
Get him declared a tresspasser and seek possession, rent, damages and mesne profit.
Rajendra K Goyal
(Expert) 09 June 2014
Police complaint along with suit under specific relief act is necessary. Agree with the advise of expert.
Sankaranarayanan
(Expert) 09 June 2014
I do agree with experts. With police complaint you have to approach the court
V R SHROFF
(Expert) 09 June 2014
Querist said "i have only sold lower portion of penthouse to that person.but he has occupied its terrace and a room on it"
So it was sold and possession was handed over of ground to him...
So it is now a civil matter [ no police case]
Hence remedy lies with civil court by specific performance.
Querist must prove, he sold only ground floor.
Querist hiding the fact of executed Sale Deed or Agreement.. The contents thereof are vital facts to decide .. One cannot take advantage of his own wrong.
Most probably, Querist must have collected money, and allowed possession, on trust, pending execution of Agreement..
Better come out with clear facts here to get proper advise . do not hide fact, when, & why he occupied your penthouse, and then what you sold him and what consideration you received? by cash or cheque and when ... Reply these pl.
Guest
(Expert) 09 June 2014
Well advised by Mr.V.R.Shroff
ajay sethi
(Expert) 09 June 2014
agree with mr shroff
Annu
(Querist) 09 June 2014
FIR HAS BEEN LODGED UNDER SEC 447,454 IPC.
out of 4 penthouses two have been sold through two separate registries of lower portion and terrace respectively.
i have not entered into any agreement of upper portion only lower portion was sold and registered.upper portion titles lies with me and i have received no money in the consideration of upper portion.
Raj Kumar Makkad
(Expert) 09 June 2014
As the police case has already been filed, persue the case and bring it to the ultimate goal and meantime file a suit for possession.
Dr J C Vashista
(Expert) 10 June 2014
Prima facie this query is for seeking second opinion as the author has already decided and ldged FIRu/s 447/454
Annu
(Querist) 10 June 2014
as the person has changed locks and broken a glass can forensic help be taken?
how to force police to go for forensic investigation.?
Raj Kumar Makkad
(Expert) 10 June 2014
Police cannot be forced to take help of forensic rather you can point out every material changes done by such illegal occupant to the police for the purpose of investigation.
T. Kalaiselvan, Advocate
(Expert) 13 June 2014
