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KRISHNA KUMAR (PROFESSIONAL )     29 August 2021

Forceful possession of undivided family immovable property by way of breaking locks by other family members staying in the property.

Dear Sir,
I have an immovable property being dwelling house purchased by my Grandfather and Grandmother, they both passed away without any will, My father and uncle were using half half property without partition, after my fathers death i locked my possessioned part and shifted to other city for job. During lockdown i came to know that my Uncle and his son has Brake our locks and entered into my possessed part and made huge modification by way of interiors and put their locks in our posessed part and thrown all of my belongings and using it as a office, They have also changed the Main gate lock of dwelling house so that we cannot enter.
Sir please guide me
1. What type of Criminal case and Civil case can be done?
2. Can we place the matter before the Local Police Station by way of FIR, will the police act?


Learning

 8 Replies

sunil (prop)     29 August 2021

Very Challenging question of Law. Its rampant in the society. It will be interesting to know what experts suggest.

Advocate Bhartesh goyal (advocate)     29 August 2021

Lodge FIR u/sec 452&380 IPC for house trespass and theft against your uncle and his sons also you may file civil suit u/sec 6 of Specific Relief Act for possession.
2 Like

Shashi Dhara   29 August 2021

As it is undivided property ,file suit for partiton for half share of property ,issue legal notice ,let they modify or renovate it,don't care about it .

KRISHNA KUMAR (PROFESSIONAL )     29 August 2021

Sir, when i am asking uncle to give me my possession back, my uncle is now demanding interior costs which he has incurred on my possessed part without my permission after breaking my door locks for his official use, he is of the opinion that if i file suit for partition then he will claim interior expenses on my possessed part so that i will not get any share in the property,

sunil (prop)     29 August 2021

Ld. Experts, Please enlight what would be the position if the property is leased hold (Rented)? Can civil suit u/sec 6 of Specific Relief Act for possession still hold good or it should be filed under Section 34 of the Act?

Avishi Khare   30 August 2021

Hello Sir, As it's more of a criminal case and most importantly the non-bailable one, you should lodge an FIR under section 380, 445 & 452 of Indian Penal Code, 1860 respectively against your relatives. And simultaneously file a civil suit for the possession of property u/s 6 of Specific Relief Act, 1963 and for the partition of your undivided property u/s 6 of Hindu Succession Act, 1965. Section 380 deals with the punishment for a person who commits theft in any building, tent or vessel used as a human dwelling, or used for the custody of property. Section 445 deals with when a person effects his entrance into the house by opening any lock in order to the committing of the house-trespass, or in order to the quitting of the house after a house-trespass. While section 452 applies in case of house-trespass after preparation for hurt, assault or wrongful restraint. Though they only changed the lock but it clearly shows they're refraining you from entering into your property hence it amounts to house-trespass after preparation for wrongful restraint. And as for the improvement or some modifications they've done on your property without your consent, they are not entitled to get reimbursement for that.
3 Like

Dr J C Vashista (Advocate)     30 August 2021

Very well analysed, opined, over-explained (for a layman) and advised by experts, I endorse the same where nothing remained to add. It is advisable to consult and engage a local prudent lawyer for better appreciation of facts and professional guidance to proceed.

P. Venu (Advocate)     31 August 2021

Yes, you may file criminal and civil action already suggested. By the way, are you the only the legal heir to your father?

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