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Dr.A.V.Hardikar (State Repr.)     14 November 2010

Property dispute

My brother -a lawyer- prohibits my entry into my owned property. I have allowed him to stay in for 30 yrs as brother- natural afinity. can I forcibly enter or can police help me- legaly!

He has got ad int inj. from co op cort- not to disposses him. On this he is prohibiting me from entering. We are woried abt falsecomplaints he ia lodging to prolong the issue.

What is exact meaning of  do not diturb his possesion? If I put my Cooking gas burner on Kitchen ota ,near his burner ,would it be disturbin hiis possesion?



Learning

 7 Replies

Adv Archana Deshmukh (Practicing Advocate)     14 November 2010

Not to disturb his possession means letting him live there peacefully and not to try to evict him unlawfully. However, if you want your property back, you can file a suit for possession against him.

adv. rajeev ( rajoo ) (practicing advocate)     14 November 2010

I do agree with Adv. Archana

Suchitra. S (Advocate)     14 November 2010

If you say your bother is interfering with your property, then you must be having titles for the ownership of the property. So, as Archana madam and Rajiv Sir advised, file a suit for possession.

Ajitkumar (Advocate)     14 November 2010

Sir,

   I do agree with Adv.Archana

Ajitkumar

Advocate

Arshad Khan.A.R (Lawyer)     15 November 2010

HI

As you are 64 years old you can seek remedy under "The Maintenance and Welfare of Parents and Senior Citizens Act,2007. You can approach Govenment authorities( in our State Kerala, District Collector is duty bound to protect the life and property of senior citizenn of the district Under Rule 19 of  Kerala Maintenance and Welfare of Parents and Senior Citizens Ruls,2009) . You can very well approach High Court for a direction for speedy disposal of the mater pending before the court.

In case of female she can seek protection as well as prohibition order against her brother under Domestic Violance Act 2005.

It is important to note that the above mentioned Acts having an over riding effect over the existing Acts..

suresh chandra Palo (Sr.Clerk)     15 November 2010

Dear Sir,

My wife required natutral justice as she is deprived to get natural justice due to delay. Kindly advise me to contact advocte for relief.

S.C.Palo

Ajitkumar (Advocate)     16 November 2010

Dear MR.Palo,

     I  have seen your grivences and let me clear the case or wherhe it is pending so that i can advise  you properly .

Ajitkumar

Advocate


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