enroachment ( kabza) on shop

Originally posted by : Meeruthiya Foodie
	my grandfather give 1 shop to someone in 1990s for work without any rent agreement or rent now its been years that person is not leaving the shop he did ( kabza) and asking for money to leave the shop...i have all the papers of my shop by my grandfathers name. i want to know that can i forcefully take the shop from the person who put kabza on it or i have to go to the civil court for this..please help me in this...

@ Meeruthiya Foodie,

Why did your grandfather not execute rent agreement since 1990?

Now what are the changed circumstance(s) after 30 years of possession, which compelled you to take forcible possession ? 

If you intend to take forcible kabza, what was the requirement/ necessity to seek obligation of experts through this post ?

Please do not take law into your hands, contact with local advocate for a legal remedy.    Do not complicate the issue by forcing circumstances and bringing in more issues.  If that person is giving periodical rent, he can not be treated as Trespasser or grabber legally.

Originally posted by : Meeruthiya Foodie
	my grandfather give 1 shop to someone in 1990s for work without any rent agreement or rent now its been years that person is not leaving the shop he did ( kabza) and asking for money to leave the shop...i have all the papers of my shop by my grandfathers name. i want to know that can i forcefully take the shop from the person who put kabza on it or i have to go to the civil court for this..please help me in this...

1. You may take "forceful Possession /Kabza), PROVIDED you are ready to be criminally prosecuted leading to approx. Three years in State Prison with FREE lodging & boarding.

ALTERNATIVELY:
2. IF Grandfather is still alive, THEN take a registered Power of Attorney (POA) from him and on his behalf, file "Eviction Suit" in the local Civil Court, citing various justifications /reasons (eg. required for Self-Use, Non-Payment of Rent, etc....)

SINCE YOU DO NOT HAVE ANY TENANCY AGREEMENT:
3. You can file a Police FIR, requesting investigation and charge-sheet, for offences like Trespassing, Extortion, Threatening, Cheating, Intimidation, Fraud, Breach of Trust, Mischief etc.... against the person, supported with all relevant supporting Documents, Evidences & Witnesses.

4.  IF the Police does not take action, THEN you can file private criminal case u/s 156(3) Cr.P.C., in the local Magistrates court, seeking directions to the Police to investigate and file charge sheet.  The said Person may come down for settlement.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

"my grandfather give 1 shop to someone in 1990s for work" - What type of work? If so, how he has come to be occupation?

Is there any written record or direct evidence that it had been given for  work only and that the grandfather had no intention of putting him in possession/occupation?

Anyhow, you cannot take law into your hands; eviction is possible only through the due process of law.