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Devika Kharbanda   24 August 2021

Adverse possession

Hi Team,

My sybling prepared forged documents of my house in 2013 and used this house continually till 2019 and he is denying to provide keys to me ... please suggest


Learning

 9 Replies

Dr J C Vashista (Advocate)     24 August 2021

File a criminal complaint for cheating and forgery committed by your cousin.

Besides this, you should move a civil suit for declaration and possession in the appropriate court of jurisdiction.

Best wishes 

 

G.L.N. Prasad (Retired employee.)     24 August 2021

Thank God, he is using the house and not sold it out.  Contact the local Joint collector and he will proceed against the son to evict him out with the police force as JC  has to accept such complaints from Senior citizens to prevent atrocities.  Once JC orders for complaint on fraud and forgery and for registering the complaint against son in PS, the son has to step down for a compromise and vacate by paying reasonable rent for the period he illegally occupied with forged documents.  Even Womens' organization can help you.

P. Venu (Advocate)     24 August 2021

Yes, you may initiated civil and criminal action for his action.

Advocate Bhartesh goyal (advocate)     24 August 2021

I completely agree with experts ,file criminal complaint for commiting fraud  by fabrication of documents and cheating also file civil suit for declaration , possession and mesne profits.

G.L.N. Prasad (Retired employee.)     24 August 2021

At this age going to court against a son for a property involves complications of health, further expenses, anger and frustration on adjournments and process of the court.  You may not even be living at the time of the final verdict.

First, explore the possibility to avail protection given by statutes under Senior Citizens Welfare as they do not involve expenditure of more than Rs.500 n all. Approach to court only if you are pushed or dragged.

Dr J C Vashista (Advocate)     24 August 2021

Dear Mr. Prasad ji,

The author is just 31 and not a senior citizen.

Please analyse the facts before forming opinion and advise, it is just a humble request.

1 Like

G.L.N. Prasad (Retired employee.)     24 August 2021

I regret the mistake in understanding the relationship and thank Dr.Vishishta for correcting me immediately.  She can approach for help (free legal aid) either at District Legal Service Authority or Women's welfare to sort out the issue without spending money.  Making simple efforts costs nothing.

Shashi Dhara   26 August 2021

If u have support from others and u have guts when he is outside station take hammer and  struck the key and take possession immediately file declaration ,injunction suit against him with help of eminent advocate s who helps u ,don't tellnon violence.,dharma ,karma .

shyam lal   28 August 2021

Shashi Dhara well suggested.useing the hammer on the head would give quick relief !


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