Illegal possession of our house.....
Querist :
Anonymous
(Querist) 05 February 2011
This query is : Resolved
My father handed over a property of ours, to a building contractor, for some urgent repair & construction works required, but before the works could be completed, our father expired.
Now that said person refuses to vacate our premises, so we filed a complaint with the local police, but in return he came up with a fake rent agreement, forging my fathers signatures, claiming to being a lawful tenant.
We then on our own got a Handwriting Experts Report and proved to the police that it wasn’t our fathers signature, but meanwhile this guy filed an X party civil suit and got a ‘Stay Order’ along with anticipatory bail and has now brought his entire family wife & children, living with him there.
Now the police refuses to take any action until the ‘Stay’ on our property is not removed. We tried reasoning out with the judge in our reply & arguments with the ASJ who ordered the Stay, but in return he claimed the property was legally handed over to the guy by your father and if we want it vacated, then we should follow the due procedure of law and file an eviction suit.
Now what are our options. Is there any way or procedure that we can get the ‘Stay’ removed of our property, for the police to take actions. Or any other civil & criminal case we can file against the guy, since we have enough evidences to prove that he was never a tenant since there is no original Rent Agreement available, no rent receipts of any kind, the stamp paper used was not purchased by my father, but by some fictitious name, neither is the Notary Seal on it genuine, nor does it have my fathers real signatures etc. etc.
Because filing an Eviction Suit means years, before any final verdict by the Judge.
Also the police too, have completed their investigations and have various facts & evidences to prove that it is a forged agreement and that he is an illegal trespasser on our property.
Thanks and much obliged.
Ajay Bansal
(Expert) 05 February 2011
Nothing can be further done by you except to go with court's proceedure.All facts show that your property has been come in the grip of other party for a long period.So try to make compromise with him or fight a long war of cases in court.
Uma parameswaran
(Expert) 05 February 2011
Because of civil proceedings pending you could not use any alternative way. Try to vacate the stay.You can also collect an order for immediate disposal of the pending suit.
H.M.Patnaik
(Expert) 05 February 2011
Experts said it right. There is no shortcut procedure to be followed for the reliefs sought.First You have to take steps for Vacation of the Stay and out of turn hearing of the matter.If Rent control act covers your location , then you have to seek suitable relief for vacating the allegedly tenanted premises under the said Act..
