Door lock change and adverse possession
Annu
(Querist) 15 June 2020
This query is : Resolved
Dear experts, What can be done if someone changes the door locks of flats.actually there are 2 flats of mine purchased in 2007 lying vacant in a building where few others are residing.i very rarely visit to take care of them.today i went and found door locks changed as i cud not open with my keys. 1What should be course of action on my part?
2 can someone claim adverse possession?
K Rajasekharan
(Expert) 15 June 2020
Somebody breaking your flat's door lock and putting his lock instead is a criminal offence and hence you should report the matter to the police station for appropriate investigative action.
If the lock is not put by someone authorized by law, like District Disaster Management Authority or some official of similar kind, you have every authority to replace it with your lock and key, once the police investigation is over.
Adverse possession is a quite different concept where you should have clear knowledge as to who is keeping it in possession and your right extinguishes only after 12 years of inaction on your part.
P. Venu
(Expert) 16 June 2020
How this could be a case of adverse possession? What is the reason for this intuition? It appears that there are deeper issues. Please post complete facts.
Annu
(Querist) 16 June 2020
Sir there is a person who is well connected at all levels.he wanted my flats at a very cheap price to which i denied.
Since then he has been revengeful and is not allowing me to sell or use my flats.
Although he is not doing it openly but has a plenty of manpower who assist him.
Recently when i visited i found locks were not opening with my keys..i rushed local ps..concerned SHO said that whom will you name in ur complaint for this..He suggested that why to put ur property in litigation by registering FIR..
This is the real issue.
K Rajasekharan
(Expert) 16 June 2020
If he is powerful, well connected and revengeful it is better for you not to fight him but to side step him.
But recording the incident in the police station would be of some use later, if things go awry.Â
Suggesting someone's name to the police is not of much use when he is powerful and his involvement in the issue is not definite.
In situations like this, neither law nor police would be of much help. Instead use your intuitive intelligences to get over the problem.
It is a good gesture that he is not coming out open against you. If you point your fingers at him he may come out openly.
So it is better for you to ignore the matter, replace the lock and keep a better vigil on your property.
Police, law & judiciary cannot solve every problem. But people around you can solve many problems that these institutions cannot.
SHIRISH PAWAR, 7738990900
(Expert) 16 June 2020
Hello,
Police has rightly ask to give name. You can give name of the person which you doubt. Police will investigate and file FIR. This is not adverse possession case. Meanwhile you have to change the lock as it is your property.
Rajendra K Goyal
(Expert) 16 June 2020
Get the lock changed. Install CCTV to record any such event in future.
Raj Kumar Makkad
(Expert) 16 June 2020
Better to rent out your flat to any person of your choice or to occupy yourself otherwise such type of problems shall get occuring time and again.
Annu
(Querist) 16 June 2020
Thanx to all experts for your valuable comments.
I feel that it is more of a mind game.perhaps i need to defeat the motives of that person.
Raj Kumar Makkad
(Expert) 16 June 2020
You are always welcome as and when required.
Rajendra K Goyal
(Expert) 17 June 2020
You are welcome.
Take steps to save your property.
Asgher Mahdi
(Expert) 17 June 2020
Firstly,try to check up with the flats association members committee the reasons of it if for any compliances were missing from your side towards society in your absence? Or you could hand it over the possession either through GPA or entered into any agreements for sale? Or willed it to anyone ? Etc,. These questions will arises when seeking adverse possession. In your case herein mentioned you have not put forwarded such details to ascertain your case. Right now,it is suggested you to contact society and file a police complainant and ask to break open the lock unless you have clear title.
