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qazim (software programmer)     12 January 2015

Encroachment in occupant's house.

We stay in the ancesteral property in mumbai, the property is in name of my grandfather. The said plot contains house and garden. My father(indian citizen) is the occupant of the house since last 40 years and has been paying the taxes and other charges of the property to the government on time. My uncle who is a foreign national during his recent visit to India has locked half of the house and went back to his house in UK. Will it be legal to directly break the lock and occupy the said section of the house again? what should i do in such a situation?



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 3 Replies

Hardeep (Business)     12 January 2015

1) Your uncle and your father are rightful heirs. There could be others. Although " adverse possession " could assist your case, depending upon the entirety of facts and claims.

 

2) But, unless proper partition has been done by " metes and bounds " - that is, everyone's area has been clearly agreed and demarcated- locking as you claim can not be done.

 

3) Your father is the present possessor and anyone has to go through proper procedure to disposess him to any extent and of any share, although sharing by other heirs can not be denied. He could try reporting the matter to police and have the lock broken in their presence . Others could also stand witness to avoid counter claims of stealing etc.

 

If there are any notices, agreements, documents etc that could be a different matter then, please note.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

 

 

qazim (software programmer)     13 January 2015

Dear Hardeep sir,

 Thank you for your swift reply. No such partition deed has been discussed or agreed upon between my father and uncle till date. Whenever he used to be in the coutry he was welcome to stay as long as he wished, there hasnt been any case of conflict between the two. If my uncle and my father enter into partition, is he liable to pay my father all the accounted and unaccounted expenses made by my father for the upkeep of the property? (unaccounted expenses - expenses made towards payment of wages to daily labors when employed, use of construction raw material from time to time for repairs, etc)

Hardeep (Business)     18 January 2015

Unless there have been agreements made, your Uncle is not liable towards anything.During/ before a partition deed is drawn up this could be negotiated and settled.

 


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