Building contractor prohibiting us from entering our home


Hello All,

In late 2016 my dad and uncle started to construct our house (paternal property). The work was given to a contractor who happened to be a friend of an acquaintance. No formal agreements were made between us. The house is divided into 3 floors. In 2018 my uncle who happens to own the second floor, entered into a lease agreement with a party to finance the construction. We even finished the house warming ceremony in Jan 2018. After the 2nd floor was occupied by those folks, the building contractor has denied entry to us in the ground and first floor. He’s asking for more money and saying he will talk to his lawyer and take over our property. Since we were locked out we are not able to collect any posts etc. Everyone at home are advising us to break and enter. I would like to know if he can prevent us in doing so by issuing an Injunction or Stay order. Also is there any chance for us to find out if the same has been issued by the court against us. As we don’t have access to posts, we are worried that he might even have taken the summons (if any) and kept it.

                In the event we break and enter and he calls the police what should we do to protect ourselves. My dad is a senior citizen so are my uncles. I'm really worried for their health and well being. We heard from others that , if the police get involved they will prevent us from entering our own house. is this possible ? Please advise.

 
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advocate/director

Dear Querist

The contractor has no right or title to thesaid property ashe is merely a contractor hired to do civil works.

You please approach the police and file a case for threatening and black!mailing you and your family.

Thirdly you can verify from your jurisdictional courts if he has filed any case against you all.

You also can file a caveat before the court citing the present resident address and in case he files a civil suit the court will show cause you.


Adv. Solomon Raj,
Attorney at Law,
Bharat Gaurav samman awardee 14
AICC National Legal Chairman.
email:rajcarey@yahoo.com
phn:9866545086
 
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senior

pl consult local competant lawyer who will guide you properly and correctly.

 
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Where were the property original documents.?

 

 
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@ Mr. SOLOMON.RAJ

Sir Thank you very much for your kind advice. I will be sure to pass on this message at my house and we will porceed accordingly.

Regards,

Srini

 
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@Mr.Prasad,

The original documents for the house are with us. We d not have any writen contract with the building contractor.

My main concern is if we try to enter our property can he take any legal action to stop us from doing so ?

Regards,

Srini

 
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Advocate

There appears to be deeper issues. Please post the complete facts.

 
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CEO

It will be foolish to act on the advice requested on this platform without divulging full details it will cause irreparable damage. It will be prudent to consult an Advocate and act as per his advice.
 
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Hello Mr.Venu,

Thanks for the response. I would be happy to provide further details, kindly let me know what details you require as I have mentioned all that has happened so far.

Regards,

Srini

 
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