Possession
Adv. Yogesh Pawar
(Querist) 10 May 2019
This query is : Open
HI Experts,
Please reply to my query.
Facts- The plot admeasuring approximately 400 square was alloted by Municipal Corporation to Mr. A under a scheme, later the said plot was transferred by Mr. A to Mr. B with all the permissions and necessary requirements. Today as per Municipal Records Mr. B is the holder of the plot and is having lawful possession of it. Mr. B also constructed Ground plus three floors on the said plot. In year 2008 Mr. B died leaving behind his legal heirs. The Municipal corporation transferred the said plot Mr. B's wife. In year 2016-2017 wife of Mr. B allowed (orally) her brother (say Mr. C) to reside at her place for temporary period, later the Mr. C taking wrongful advantage of the health issues of B's wife, captured all the three floors except ground. Mr. C also rented the said premises to third parties without any knowledge to B's wife, even after number of requests Mr. C is not vacating the premises and instead of leaving the premises he is threatening them. B's wife and her son approached nearest local police, but instead of taking action against C police registered the offence of trespass against the B's wife and his son.
1. How to restore the possession of the said three floors?
2. What are the provisions available in Civil as well as Criminal law against the C?
Anil Satyagraha
(Expert) 10 May 2019
Given the facts mentioned in your problem statement, it appears that Mr B's wife and sons need to opt for the following remedies:
(1) Firstly, Quash the false criminal case filed against them (CrPC Section 482)
(2) Secondly, Obtain an Injunction Order and Police Protection - Civil Remedy
(3) Thirdly, File a complaint with the Police and if there is inaction, then enforce your fundamental rights in the Hon'ble High Court by filing a Writ (Article 226 of the Constitution of India). Alternatively, file a private complaint (CrPC Section 200)
*** Each of the above can be done by taking the help of a competent lawyer.
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krishna mohan
(Expert) 15 May 2019
Well advised by Mr. Anil Satyagraha. I may add that you can take the help of a Criminal Lawyer to file a complaint on unauthorized letting out, forgery etc., by approaching the higher officer say DSP if local police are not supportive in taking up your complaint.
