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sushant (self employed)     20 March 2025

Forcefully dispossessed

My brother entered into a sale agreement with someone for the sale of his property. However, the buyer did not pay the full amount, so the sale was never completed, and no sale deed was executed. Despite this, the buyer filed an eviction suit against my brother. Recently, while my brother was away on personal work, this person forcefully broke into the property and occupied it unlawfully. This is causing significant distress to my brother. Is filing a suit for recovery of possession the only legal remedy available in this situation? Please advise.

thank you,

Sushant 



 4 Replies

P. Venu (Advocate)     20 March 2025

It was improper that the buyer took law into his hands when the civil suit is pending. You may move appropriate application before the Court in consultation with your advocate.

1 Like

She Commie   20 March 2025

The important question is: WHEN DID THIS HAPPEN?

If it happened very recently, you can approach a Criminal Court to throw him out. You must approach the Criminal Court within six months from the date you lost possession i.e. forcefully dispossessed. I hope you already lodged a police complaint. If not done, please do so immediately. It will play an important role in this matter. Please pursue this option without wasting any further time. This option will not work, if you take more than six months to lodge police complaint and initiate criminal proceedings. Criminal Courts can intervene only within the first six months. Not later. This remedy will be quick if you know a good criminal lawyer or a good lawyer who is good in both civil and criminal proceedings. 

You can also initiate civil proceedings. Recovery of possession is the right thing to do. Court fee is also likely to be high depending on the value of the property. You also need to pray for declaration that you are the rightful owner, because you entered into sale agreement and he paid part of the amount. It is necessary to study all the papers to decide the correct course of action. 

Please approach both criminal and civil lawyers or somebody who is good in both. 

1 Like

Advocate Bhartesh goyal (advocate)     20 March 2025

During pendency of eviction suit and without court's order if yout brother has been forcefully dispossessed then he can Your brother should file petition u/sec 6 of specific Relief Act to get back possession before court .Simultaneously initiate criminal proceedings against prospective buyer.

1 Like

T. Kalaiselvan, Advocate (Advocate)     20 March 2025

Firstly this is a criminal offence for trespassing the property by the offenders, hence you lodge a criminal complaint for not only trespassing but also for the offences of damage to private property, land grabbing and criminal intimidation etc.

You can seek civil remedy too simultaneously.

1 Like

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