Illegal possession while on bail
kulwinder singh
(Querist) 28 September 2012
This query is : Resolved
My cousin and his family are in illegal possession of my property. My cousin was arrested and charged under sections 404, 447, 448 and 420 IPC. He was released on bail and again entered my property. While in jail my cousin's family remained in illegal possession. The police refused to take action. I got writ from High Court instructing the police to take action according to law within 3 weeks. Can police register new FIR against the other people who are in my property? Are police obligated to take proceedings against my cousin to cancel his bail? Police are pressuring me to compromise. Thank you in advance.
adv. rajeev ( rajoo )
(Expert) 28 September 2012
Police can apply for the cancellation of bail. You can file a suit for possession immediately.
kulwinder singh
(Querist) 28 September 2012
My cousin has put forged Will in civil Court that was deemed a forgery and criminal case is pending after FIR under sections 420, 461 IPC. Civil case is pending. Can I still file suit for possession? Property is legally mine and their is no status quo or any other injunctions on the property.
kulwinder singh
(Querist) 28 September 2012
Civil Court has said that my cousin has abused process of the Court and concealed material facts.
JANAK RAJ VATSA
(Expert) 28 September 2012
yes, you can file the suit for possession since the property is in his occupation now which is illegal since u being the actual title owner of the property
