Illegal occupation of house.
Kavindra
(Querist) 29 December 2018
This query is : Resolved
Taking undue advantage of our absence a local man has criminally trespassed into my house & illegally occupying it. He claims to have bought it from my cousins who deny this. They have no right to sell my house. He fails to produce any ownership or purchase documents. I filed an FIR against him and he is chargesheeted u/s 419/420/448/506. Yet he continues to occupy my house & police refuse to evict him. They are keen to lodge 145 CrPC case. But why don't police evict him straightforward when he is chargesheeted for fraud & trespass and has no documents?
Dr J C Vashista
(Expert) 30 December 2018
What is the advise of your lawyer, you have engaged for contesting the case(s) for you ?
Why do you need second opinion/ obligation of experts on this platform, except the fact it is available FREE OF COST ?
Have you lost faith in your counsel ? If so, change him/ her immediately.
Kavindra
(Querist) 30 December 2018
Sir. I am yet to hire a lawyer for this case. I just wanted to know if the case could be resolved on police level? Do police have the power to evict obvious illegal occupants?
ashok kumar singh
(Expert) 30 December 2018
police have no power to evict occupant who is even illegal so far, you have to approach the competent civil court of law at your sub division court or at district court
thanks
Kumar Doab
(Expert) 30 December 2018
Tresspass, Grabbing and intimidation, coercion, threat etc etc do not find any acceptance in law.
Tresspasser canot get legal protection.
Court execute orders thru state/police.
Go thru;
Sheelvik Agencies a Registered Partnership Firm Under the Indian Partnership Act Vs. the Maharashtra Housing and Area Development Authority (Mhada) Being the Authority Under the Maharashtra Housing and Area Development Act, 1976 - Court Judgment
https://www.legalcrystal.com/case/336910/sheelvik-agencies-registered-partnership-firm-indian-act-vs-maharashtra-development
Kumar Doab
(Expert) 30 December 2018
Law presumes the possession to go with the title unless rebutted. The owner of any property may prevent even by using reasonable force a trespasser from an attempted trespass, when it is in the process of being committed, or is of a flimsy character, or recurring, intermittent, stray or casual in nature, or has just been committed, while the rightful owner did not have enough time to have recourse to law. In the last of he cases, the possession of the trespasser, just entered into would not be called as one acquiesced to by the true owner.
Supreme Court of India
Rame Gowda (D) By Lrs vs M. Varadappa Naidu (D) By Lrs. & Anr on 15 December, 2003
Author: R Lahoti
Bench: R.C. Lahoti, B.N. Srikrishna, G.P. Mathur
CASE NO.:
Appeal (civil) 7662 of 1997
CrPC;145
Specific Relief Act; PART II SPECIFIC RELIEF CHAPTER I RECOVERING POSSESSION OF PROPERTY 5. Recovery of specific immovable property. 6. Suit by person dispossessed of immovable property.
The Indian Penal Code
405. Criminal breach of trust
441. Criminal trespass
442, 447,448…103,104..
Claim for damages
Kumar Doab
(Expert) 30 December 2018
Hope you have already consulted a very able LOCAL counsel and have acted under expert advice.
You have posted many queries and initiated many threads;
Queries participated by Kavindra Illegal occupation of house. 145 crpc Conspirators in attempt to murder Revenue department compelling to file partition suit. Motive & previous threats as the basis of accusation. Police right to arrest of chargesheeted criminals Arrest of chargesheeted criminals. Arrest of chargesheeted accused. consolidation of holdings in UP Criminal trespass into joint property Final report date. False final report u/s 173 crpc Contempt of court. order disobeyed. documentary evidence in IPC 420
Your uncles and cousins have been asking to partition (probably by boundaries) as in one query. If possible, workable/acceptable consider the recourse by amicable/reasonable terms ( Some + some -) thru registered Family Settlement deed and end the litigation forever.
Your own very able LOCAL counsel can certainly advice you on all matters.
Rest is upto you.
Kumar Doab
(Expert) 30 December 2018
You may take help for any matter from, elders of your family, competent and experienced well wishers, seasoned PIP’s, helpgroups, community leaders, NGO’s, experienced colleagues, associations, religious scholars/leaders, influential persons, Employee’s/Trade union leaders, help groups for spouses (Husband/wife) etc and find a very able LOCAL counsel specializing in concerned filed of law e.g; Revenue/Civil/Criminal matters as in your case, and well versed with LOCAL applicable rules, precedence, latest judgments etc …. and worth his/her salt, can advise you after examining all case related docs, inputs, evidences on record.
Obtain proper legal opinion in writing!
Avoid acting on your own on hearsay.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists. There are many threads on such instances at LCI also.
Online discussions are not substitute to in person discussions with a very able counsel of unshakable repute and integrity specializing in concerned field of law.
One should not fall for IT’s and entities loitering at online portals to allure unsuspecting querists……the personal details of unsuspecting querists/citizens get stored in databanks/compromised……hacked.
Not only your counsel ( if other very able counsel opine that 1st counsel’s advise was bad, misleading) many posing as Lawyers (actually Liar) have been raking up disputes at online portals including LCI on subjects like ; WILL, Nomination, Gratuity etc etc with their misleading, illegal advices and conduct..and have failed due to untiring efforts by some sincere and good natured Experts that indeed want to help and contribute at such portals. Such entities operate by forming gangs ( ikdi, dukdi, tikdi, chokdi and even more)….and attempt to deflect, divert to other members of their gangs to fleece the unsuspecting querists. Many of such entities have never been to courts and might have never won in any case and may not be able to count even on their fingertips. In the end multiple fake ID’s of such IT’s and entities get permanently blacklisted, shunted out at online portals and outside online portals and even society………and that is exactly what they deserve. Make a note of such entities and if the need be act to confine them to correctional centers; Jail, and let their cost and consequences be, heritable. Why such IT’s and entities litter nuisance at online portals: to hide their own weaknesses, and to satiate their insatiable itch and due to their infectious greed. One should stay away from such infected entities and hence away from such infection. You may post if anyone has ever asked /is asking for money from you have paid.
Such IT’s and entities keep on poping up at online portals with fake and new ID’s after their old ID’s are permanently blacklisted/shunted out and money fleeced from unsuspecting is finished.
There are such very able counsels at each location.
Check for such counsels at LOCAL; O/o Tehsildar, Revenue/Civil Courts, HC, SC,..
You can also try for FREE legal Aid from Legal aid center (DLSA) that is usually within LOCAL courts complex..preferably from a very able counsel specializing in Revenue/Civil/Criminal matters.
Your counsels may opine that you can appear on 1st date, and obtain copies of petition etc to reply later ….and inform the court that you shall be engaging a counsel and appear thru your counsel….Or your counsel can appear and obtain copies of petition etc and reply later or your new counsel can appear for you.
Your counsels can advise after examining all docs/record/inputs pertaining to your matter and help you. You can also search threads on similar query in SEARCH option ON left Hand side of threads in Forum/Experts section. Having learnt a lesson, remember to consult beforehand for your matters or any matter about which you are not properly informed.
There have many instances of such entities operating with multiple fake Id’s at online portals.
The FEE of all LOCAL counsels at all LOCATIONS is not high/unreasonable as mis-believed by many.
Many counsels even at State Capital/Metro towns do not demand unreasonable high FEE.
IT is rather at online portals that unsuspecting querists are mislead as per many publications, by IT’s and Entities that pose as some Lawyer (actually LIAR) and flaunt/advertise firms that are not Law Firms (Actually LIAR’s Firms) to believe that LOCAL counsels are not knowledgeable..are incompetent.
In Reality the LOCAL counsels win cases in LOCAL courts at all LOCATIONS.
You can go thru/search the cases contested by any Lawyer at court website.
Rest; Your own very able LOCAL counsel as already advised above, can advise you in person, after examining all docs, inputs in person.
Obtain proper legal opinion in writing.
