Hello all the respectable member of this Forum and specially the Lawyers . I need an Urgent Suggestion on one disputes where I am facing problem . I have a 2 Floor house in Kolkata . My Father deceased on 2010 leaving behind a WILL in my name for the whole house . We are 4 Children of our Parents . 3 Sisters and 1 brother . I am the only Son and Yongest Child of my Parents. My Father explained in the WILL clearly that he spend enough Money for the Marriage of my all 3 sisters . They are well settled . Even he invested some money for them and Provided them as Well . Only he left for his Son is his Business and his house . Where no other children can claim anything . Now I live abroad for my job . One of my sister ( Eldest one ) is married but she lives in our House for Long time as she was facing problem with her parent-in-law . So father was initially supported . But later she remain in our house Forceably . My father was not wishing sincreate about this matter. So he was not moving for the Court ever to drag her out of the house . Now she Occupied the whole 1st Floor . Where I have my own room with all my Furniture . Now my eldest sister is planning to give marraige to her Son . So she is trying to remove all my Furniture and give than Room to the Son . Though I did a BIG mistake for that I am taking apology to all . I never lock the room on good faith . As I kept a servant who clean the floor and room . So if it locked it can be a BIG Problem . I didn't realise that it will happen. As my sister and her Family was never staying in that room . Keeping it vacant for me and my wife . Now she is trying to Occupy . Can I take some Legal Step to stop this Forceable action . Even she didn't inform me . I got the Information from my another sister who visited the house every weekend . Also another point here I was sending her Enviction Notice from the Lawyer in 2014 . She didn't respond regarding the Notice and never taken any action . Can it help anyhow ? Also is there any legal way I can remove her from the house . As the House is having WILL and it is Pending in Court for Probate Verdict . In such Situation what can be done . Please can anybody help me with any Suggestion, Advice and Guidance . Is there any Caluse in Property law by which I can stop her taking such action . Please also mention the Clause number or Reference .
YOU CAN FILE A CIVIL UIT FOR PERMANENT INJUNCTION PRAYING THE COURT FROM ENTERING YOUR ELDEST SISTER OR HER SON ETC OR OTHER SISTERS ENTERING OR OCCUPYING THE entire 1st floor MEANT FOR YOU AND YOUR WOULD BE FOREVER. yOU CAN GET DAMAGES ALSO.iF YOU APPRECIATE THIS ANSWER PLEASE GIVE ME ALL MY PROFILE LIKES.
PS: Postpone going abroad now. Your presence is required for filing a civil suit now. Engage an expert civil lawyer and after filing the case if your lawyer says you can go now then you can go abroad.
Thanks lots Ms Usha for the help what does this mean "yOU CAN GET DAMAGES " . Also onething is that I am currently out of Country for my job Purpose I can't visit Kolkata right now . Is there anyway to do something if I provide Power of attorney or Waklatnama.
Damages means civil court awards some one who sufferes some physical or mentsaal harm like mental pain, distress etf money.due to the wrongful conduct or behaviourof someone else.After proving the wrong and wrongful conduct and wrong doer the court directs the wrongdoer topay damages to the victim. Such money masybe nominal or penal in proportion to the injury, more than double the injury exemplary damages etc.On account of the mental pain suffered by you court may award you some damages. You consult the lawyer you said you have engaged. within a day or two you would be back noneed. Your signatures are required for filing the suit pqapersl. hence I'm requesting you to stay back and sign the suit papers.If you appreciate this answer please give me all my profile likes.