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Abedin   26 May 2022

Criminal tresspass and intimidation

Dear Experts,

I am seeking your expert opinion on a property matter I am facing in Mumbai.

My vacant flat in Mumbai was trespassed and occupied by brother in my absence from the country. My brother broke into flat by breaking the common walls and thereby converted 2 adjoining flats into one flat. The entire two adjoining flats was one flat belonged to father and gifted to 2 of us after his demise we divided the flat with family agreement and architect plan notarized and witnessed. When well wisher contacted me that flat had been entered on contacting him via lawyer was told he entered flat to clean it so I took no action and when I returned to Mumbai I was unable to enter flat as locks had been changed.I was shocked and on advice filed police complaint to register FIR, police took no action for a long time. Then we learnt that he filed suit in civil court back when he was contacted by my lawyer in 2021 claiming that I had orally given away the flat to him and I was now trying to sell property to mafia. Now with the help of his schmuck  lawyers submitted brief to court which is full lies,false information all to confuse judge  and asking to bring injunction on me. I have not been served suit notice. So when police called him in for statement to police station his lawyer sent notice to police that civil case had been lodged against me and they cannot intervene. There is no stay order from judge to date.

So question is what are my options under the current circumstances  Can I approach magistrate to order police register FIR, will magistrate pass order under current circumstances? FIR will bring pressure on him that he could go to jail. I understand I have to defend myself in the civil suit which may take many years to receive justice and that is his modus operandi to wear me out. Can I bring criminal suit and at the same time defend my civil suit. Please  advise. Thank you.

 



Learning

 2 Replies

Kishor Mehta (CEO)     26 May 2022

Apart from defending the suit against you, hYou have to file two suits  one civil for eviction and other for trespass, breaking and entering and criminal breach of trust. 

Abedin   01 June 2022

I understand I have to defend the civil suit. Can I approach the Magistrate and get order to register FIR and file criminal suit.


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