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Ravi (System Analyst)     16 April 2012

Property occupied by vendor's son

I brought a property at Hyderabad which was advertised in the local newspaer for Sale, from the link documents  it was self owned , after bringing the property before we could move in, my dad passed away. We kept the door and gate locked and were out for performing last rites to dad, meanwhile seeing us not there at the property, the Vendor's Son and Wife broke open the locks and with the help of the local goons(Calling BJP leaders) whom their advocate (BJP spokesperson) has arranged  have occupied the property. There seems to have been a family dispute which was not conveyed to us while purchasing the property, now vendor's wife has filed a partition suit stating that the property was brought with the land sold at some other place that was in her name which is totally baseless.

When we went to file for the trespassing with the local police station, even they are not helping calling it as civil case.

How and whom should I approach to take possession?


 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     16 April 2012

It is a clear case of criminal trespass - file a 156(3) before your local area magistrate who would order the registration of FIR. 

As regards the property - file a suit for recovery of possession and mandatory injunction seeking directions to order  tresspassers to move out. 

adv. rajeev ( rajoo ) (practicing advocate)     17 April 2012

Contest the case on the ground of bonafide purchaser.  You can also file an application for injunction order against her as not to obstruct the peaceful enjoyment of the suit property till the disposal of the case.

Ravi (System Analyst)     18 April 2012

Thanks Bharat and Rajeev for your prompt reply, I tried with a advocate for filing a case under 156(3) for criminal tresspass and also enquired about the injunction, but my advocate advised that as there is a suit which is already going on the court may not give injunction, Is it true?

The tenants staying in the property are also paying rent to the wife and son of vendors(though illegally occupied) as they are forcing to pay or vacate.

I think the police are fearing because of the political party involved and are not taking any action. 

Who would be a good honest advocate at Hyderabad with whom I can pursue this case?



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