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Anand (CEO)     02 September 2015

Dispossession of immovable property - divorced couple

I shared two properties with my wife. We divorced two years back. She put lock on one flat but does not stay there. She paid some bills after our divorce. Can I break the lock and take possession? Our divorce judgment has no mention of property issues. Flat stands on my brother's name but he expired in an accident recently. There is no will. He was not married. After searching on google, I read Section 6 of Specific Relief Act. I want to know if this section applies to husband and wife. Or any other solution you can propose? 


 3 Replies

prabhakar advocate (advocate)     02 September 2015

First, as a divorced wife without having any court order in respect of such property, she should have not locked it.  She is a trespasser.  But a trespasser can be evicted by the lawful owner by following court procedure.  You are also not lawful owner. The legal heirs of your deceased brother can be lawful owner.  Say, i.e., your brother's mother and father. They can file a suit for eviction and peaceful possession of the property.  S.6 of specific relief Act will be applicable in the case, the plaintiff has got legal title on the tresspassed property and not applicable in your case.  All this advice is given on the presumption that your deceased brother has not left any will.

1 Like

saravanan s (legal advisor)     02 September 2015

your mother if alive will be the class 1 legal heir of the deceased and if not the property will devolve on class 2 legal heirs namely father & siblings.so if the mother of the deceased is not there then any of the class 2 legal heir can file a suit for eviction and posession

Kumar Doab (FIN)     02 September 2015

Agreed that if mother is alive she is ClassI legal heir and if ClassI legal heirs are not available ClassII legal hiers shall come into picture.


Consult an able lawyer.


If workable and possible as per the situation take help of police/society and open the lock.




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