Need help in vacating
Suresh M N
(Querist) 03 June 2009
This query is : Resolved
The property is in mother's name(4 brothers, 4 homes) and it is not divided and there is no WILL also done, but the elder brothers are forcefully occupying the house after breaking the locked house by taking help of local goons, the complaint is given to local police station, but there is no action taken. In this case what will be the next situation from police side and what steps can be taken by the mother?
A V Vishal
(Expert) 03 June 2009
Dear Suresh,
Approach Higher officials in the Police Deptt if the local police fails to take action. In my view, the local police has not initiated action since the issue is a civil one and the police is barred from interfering in civil disputes, however, if you have lodged criminal complaint, then, they are bound to take action.
Point 2. Even, despite seeking intervention of higher officials, no action is taken in the criminal case then remedy lies in approaching the appropriate court to seek directions for redressal of your grievance.
adv. rajeev ( rajoo )
(Expert) 03 June 2009
I think the mother is the absolute owner of the properties u mentioned in your question.
When brother has taken forceably the possession, then mother has to file a suit for declartion and injunction and for possession.
File a case and obtain an TI order from the court against the brother and ask for the police help. If you go to the police it will not help you they may favour the brother by taking money from him. So it is better to approach the court. Contact the good lawyer for that.
Y V Vishweshwar Rao
(Expert) 04 June 2009
Mother can file suit for declaration of her title and recovery of possession
B.B.R.Goud.
(Expert) 06 June 2009
you need to approach the higher officials in police dept, see fro action. if you are not satisfied, you can initaiate and institute the legal proceedings in a court of law, of your jurisdiction.
Suresh M N
(Querist) 17 August 2009
Thanks for your advice and options
