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Gourang M Haldipur   22 April 2016

Dispossession from a living house.

Dear Sirs-My 2 friends are the sons of a leading lawyer(who is no more). During his life time the said lawyer had  purchased a bungalow in the name of his wife & gave a declaration to the income tax officer that he had purchased the bungalow in his wife's name, since he already has immovable properties in his name and purchase of the bungalow in his name would exceed the limit under the urban land ceiling act, which was then in force. He thereafter died leaving behind him his wife, 1 widowed daughter in law, 2 unmarried sons, 2 married daughters, 1 mentally challenged unmarried daughters and the youngest- 1 unmarried daughter. 

The 2 unmarried sons were staying in the bungalow with their mother and 2 unmarried sisters. The lawyer's wife is an innocent lady who is also dead. The youngest unmarried daughter left the bungalow upon her mother's death with her mentally challenged sister and started staying with a gentleman. Her marital status with him is not clear till today because she still puts her maiden name everywhere.

The said youngest unmarried daughter was not on good terms with her 2 elder brothers and 2 elder married sisters.  In order to defeat their rights, she surreptuously got the bungalow gifted by her mother in her own name. The elder siblings on coming to know of this act, filed a suit for partition and obtained an adinterim injunction against the youngest sister not to alienate the bungalow. The matter is now at the stage of evidence.

The said youngest unmarried daughter with the help of anti social elements recently committed a dastardly act by throwing her 2 own brothers out of the house and the bungalow is being used by those anti social elements. It is interesting to know that she is not staying at the bungalow but staying at a place which is about 27 kilomteres away from the bungalow.

The displaced brothers made all sincere attempts by complaining to the Commissioner of Police who is an officer of the rank of I.G.P. and also to the concerned Circle Inspector of Police, that they have thrown out of the house and they should be allowed to stay in the bungalow by throwing the anti social out. Unfortunately they have not come to their aid. The 2 brothers had also complained to the D.G.P. and Home Minister of Karnataka, but to no avail. They are presently staying in a hotel after being dispossessed from the bungalow, and paying hotel rent through their nose.

The 2 brothers are my good friends and children of an advocate, I request yourselves for an immediate solution as to how they could be put back into possession of the bungalow. Their advocate who is conducting the suit for partition has not been able to help them. It appears he has told them that nothing can be done in the pending suit for partition in respect of their displacement from the bungalow. Kindly give suggestions. Thank you.



Learning

 1 Replies

JustAdvisor (IT)     22 April 2016

Engage an able counsel who will help you out on an ASAP basis. There is a specific section - section 6 of the Specific Relief Act which addresses these types of issues. Petition has to be filed within 6 months of eviction.


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