I would want to get some suggestion of some issues that I am currently facing:
My brother and his wife were living, since 4 months, in flat @Badlapur. The flat is jointly owned by me (1st onwer) and my brother (2nd onwer).The share certificate provided by the Society has both our names on it.Unforunately, there has been some problem between my brother and his wife due to which my brother has recently filed for a divorce case against her.
His wife has keys to all the locks of the flat so we decided to change the outermost lock as we did not want her to enter without our permission. The key for this new lock wasn't there with his wife.
His wife along with her family, with support of few socirty members, pleaded with society members (Secretary) and were able to convince them to grant permisson to break open the outer most lock of the flat so that she can get entry into the flat, which I think was totally illegal as without my permission this breaking of outer lock should not have gone ahead.
We go to know this couple of days after this happened, none of the society members or the secretary bothered to call us before taking such a decision of breaking open the flat's outermost lock.
Knowing this, we approached the local police to file complaint against his wife as they illegally are staying in my owned flat and also had broken the lock without my constent/permission. Police officials are not ready to take the compaint as they say this is a civil matter and that we should approach Civil court for this matter.
As we did not see any other option, we finally decided to move our belonging from the flat. But now his wife is not opening the door and asking us to get court orders to enter the flat which is owned by me.
I hope you understand my current situation clearning from the above details.
Below are my Questions which I would appreciate if I could get some suggestions as to how to deal with them:
1. Is it mandatory to get court orders to enter a flat that is owned by you? (Jointly owned by me and my brother)
2. Is there a way by which we can get his wife and her family to move out of the flat that is owned by (Jointly owned by me and my brother)?
3. Since there has been negligence on part of society members as well as secretary, can we take some action against society
