Get my house back
sreekumar
(Querist) 08 February 2013
This query is : Resolved
1987- Bought the property through army quota, in my name, money paid by me, but the payment details of bank not available.
1987 to 2001- Given for rent, rent collected by my father, I never interfered.
2001 to 2002 – renovations done, money paid by me, bank details available.
2003 My sister Nisha occupied the house, after the permission of my father, informed me later. A small amount of money in the form of gold for a period of 33 months was paid as rent which was advised by my father.
2003 – 2004 my father and my elder sister died subsequently.
2006 when the gold chit over, I asked her to give as money only to me not the gold chit, initially agreed, but not paying the rent. After so many attempts, she was not ready to give me money, or house to me, so I went to court, for the rent, but dismissed my case since I did not have any documentation pertaining to her stay.
2007 Since Nisha was holding all the jewelries of mine and my mothers, not ready to give it to me, because I was not signing a NOC for my father's property in to her name, so I lodged a complaint in the police for my jewelry and the share of my mother jewelry. Both Nisha and my brother Jothi agreed to give me, in a common place in Delhi, but they did not.
2007 same year Nisha sent me a court order of temporary injection of my property, and then she applied for permanent injection.
2007 to 2011 during the case period, case referred to lok Adalat, but failed.
2011 Nisha got permanent injection, I went for Appeal, during this time we produced the documents, that nisha was not occupying my house to my lawyer.
2013 now my appeal got dismissed, exact reason for dismissing not known immediately.The operative portion read as under
"
"the appeal is hereby dismissed,confirming that degree judgement of the trial court in OS2853/7 dt 28/6/11,however by realising the tentency of the case by awarded no cause in this appeal"
Request for advise on
1. I want know can I occupy forcefully, if I do what will be the consequences?
2. How to get my house from my sister? I am staying in a rented house in same city.
3. Sale deed, in my name, property tax paid by me.
4. From the ration store, proof is there that she is not staying there
5. The electricity and water also cut off from my house.
6. Nisha,s husband is using it as Godown with some goods.
7 please read and tell me what remedies I have
8. Does the appellate court decision means it is a tenancy and I can collect rent
9.In that case can I file for arrears of rent and posession
10 Is it a case of adverse possession ? Is such a rule valid in India?
11. It is my hard earned money while I worked in Army. I trusted my sister and brother.So I did not keep a copy of the cheque details with which this flat was purchased under army quota.
12.My sister has also occupied a flat in the city whch was purchased in fathers name.
13. What remedy I have? Please tell me
ajay sethi
(Expert) 08 February 2013
you cannot occupy the house forcefully . never take law into your own hands .
if you are an ex army man you can file suit for eviiction against your sister as you dont have any other place to stay after retirement . for bonafide personal use you can evict her .
gather evidence tthat sister is not staying n said premises and using premises as godown .
it is necessary to go through the case papers to advise further
R.K Nanda
(Expert) 08 February 2013
query too long.contact local lawyer.
Advocate Ramesh
(Expert) 08 February 2013
before knowing the full facts of the case it is not possible to give solution. let me know in what sense she filed a suit for permanent injunction. why don't you filed counter case. If you elaborate the case I will reply in possible alternative for you
prabhakar singh
(Expert) 08 February 2013
"the appeal is hereby dismissed,confirming that degree judgement of the trial court in OS2853/7 dt 28/6/11,however by realising the tentency of the case by awarded no cause in this appeal"??????
Advise: you need to file a second appeal against this First appeal judgement,in case you fail there also,go in to Apex court in SLP.
Without going through the plaint and written statement and evidence adduced by either party in OS2853/7 no true and exact opinion can be possible by any body.
It would be better for you to visit a local senior civil lawyer of your High Court.
I wonder how permanent injunction decree was passed in OS2853/7 when you own the property through a sale deed in your name.
Either you did not file the sale deed in that suit or failed to prove the same or the suit have been to restrain you from evicting her forcefully.
In my opinion you required to file a suit of possession just the day you loosed your suit of her eviction failing to prove her to be tenant.However the advised was bad and adventurous because your suit ought to have been based on licence in absence of a tenancy agreement since she is your sister and licence is more natural and probable case.
Any way do not loose your time here else appeal advised may go time barred.
Sudhir Kumar, Advocate
(Expert) 08 February 2013
Now your questions are attempted as under :-
1. I want know can I occupy forcefully, if I do what will be the consequences?
Ans :- Forceful occupation will be violation of the injuction and you can go to jail.
2. How to get my house from my sister? I am staying in a rented house in same city.
Ans :- Filing a suit for eviction or by settlement by paying her some money (which she will demand huge)
3. Sale deed, in my name, property tax paid by me.
Ans :- But occupation is not yours. File suit on basis of the same.
4. From the ration store, proof is there that she is not staying there
Ans :- This strengthens her claim to continue till evicted by court.
5. The electricity and water also cut off from my house.
Ans :- Who cut it. Is it on your application or due to non-payment of bills. If you have got it cut they can get it restored.
6. Nisha,s husband is using it as Godown with some goods.
Ans :- So you are liable to pay property rent at commercial rates.
7 please read and tell me what remedies I have
Ans :- Either compromise of suit for eviction.
8. Does the appellate court decision means it is a tenancy and I can collect rent
Ans :- It will not be in your interest to advise you on this without seeing papers in totality which only your nearest available lawyer can do so.
9.In that case can I file for arrears of rent and possession
Ans :- Yes
10 Is it a case of adverse possession ? Is such a rule valid in India?
Ans :- Unfortunately Yes
11. It is my hard earned money while I worked in Army. I trusted my sister and brother. So I did not keep a copy of the cheque details with which this flat was purchased under army quota.
Ans :- Cheque may not be necessary to prove your title other material may also be there. You trusted your sister and go t cheated and you are not the first or last India in such situation.
12.My sister has also occupied a flat in the city which was purchased in fathers name.
Ans :- This is separate issue. You can move suit for that also.
13. What remedy I have? Please tell me
Ans :- Already told to you.
It seems your relations with sister are now gone for ever and you have nothing to lose so litigate and prove your truth.
