deepak 28 April 2018

Property dispute

My brother has captured two of our houses (tresspass).He is evicted by my parents in past and in thier will he is not given any movable or immovable property.both property are in my mother name , which is bought and not came through gift or heir.

We reoprted this to police but police didn't registered the case saying that it is family mattter.We are considering now to file case through city magistrate under 156(3) CrPc . Can someone please suggest me that will police evcuate my brother from the house after FIR will be registred or I have to file a suit in civil court for decleration and injunction.

How long will it take to have hearing and judgement from honourable court after my case will be filed. I stay in UP muzzafarnagar district.Dose it take 4-5 years as i have heared that case proceedings are very slow.

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Adv Deepak Joshi +917017821512 (Advocate) 28 April 2018

Function of police to maintain law and order in case of civil disputes.

You need to file and win suit in civil court, if after that other party does not handover the properties to you then court will order to the concern police to evict other party from your property.

Time duration of case depends on the court and how your advocate present your case.

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Kumar Doab (FIN) 28 April 2018

Maintenance and Welfare of Senior Citizens (MWPSC) Act, 2007

https://socialjustice.nic.in/writereaddata/UploadFile/Annexure-X635996104030434742.pdf

and rules framed under the Act in the state and IT can also offer speedy and cost effective remedy ..

Kumar Doab (FIN) 28 April 2018

You may go thru following articles under my profile;

“Now parents can evict abusive adult children from their house”

“Now Senior Citizens can evict negligent son or daughter from their home in 21 days time”

Dr J C Vashista (Advocate) 29 April 2018

Being a civil nature of the facts police can not help even if the magistrate may pass a favourable order (if you are lucky).

It would be better to consult a local prudent lawyer and file a suit in civil court Muzzafar Nagar.

SHIRISH PAWAR, 7738990900 (Advocate) 30 April 2018

You have to file civil suit. If the decision of civil suit comes in your favour after that you can take police help for evicting from the houses. But before passing any order police will not help you.