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Kalvacherla Chandrashekhar (Software Specialist)     11 August 2013

My house is taken by my brother and he does not vacate

What should be my steps in Court or Police station to take custody of my share of parents property and make my brother to vacate from my share of House . My share of house is trasfered to my name through mutation process on to my name but my brother does not vacate my share of House .

We are 2 brothers and 1 sister  , 

My father expired in october 2010 ,

My mother expried on June 2012 , as per my mother's Rigistered Legal "WILL DEED"  dated july 2011 total property in my home town that my mother hold is divided 45% to my elder brother 45% to myself and 10% to my elder sister with all clear bounderies and clear instructions of how the property should be shared . 

Myself and My sister are not staying in my Home town where all the properties are located . My elder brother has taken advantage and resists us from entering the house and property .

All legal documents are clear mentioning how the total property should be divided . My elder brother is Gready and wants to get hold of all the property as he is doing so now .



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 7 Replies

adv.raghavan (Advocate,9444674980)     11 August 2013

u can file civit suit for recovery of property, or file case under IPC sec 403,406,420. then he will come to terms.

A.SUMATHY 9380902017 (LAWYER)     11 August 2013

yes above suggestion is correct.

Advocate Vishnu (Advocate)     11 August 2013

Pl file a suit for eviction based on your acquired title. The police will have no power to help you as this a civil dispute.

adv.raghavan (Advocate,9444674980)     13 August 2013

without decree in a suit u cannot go for eviction  process,and when somebody is  forcibly taking ur property u can very well initiate criminal proceedings, law permits not the police .

Kalvacherla Chandrashekhar (Software Specialist)     13 August 2013

Please elaborate what decree means . 

House was constructed on a Land and we have " Land Decree " papers original on my Mother's name .

My Mother has done "WILL DEED" registered and we have all legal documents , My share of property is trasfered to my name in Municipality . Now he is staying in my share of House .

without decree in a suit u cannot go for eviction  process,and when somebody is  forcibly taking ur property u can very well initiate criminal proceedings, law permits not the police .

Kalvacherla Chandrashekhar (Software Specialist)     13 August 2013

If my share of House is transferred to my name , Now my elder brother is staying in my share forecebly . I have all legal documents , now my brother is forcebly staying in my share of house does law permits to initiate criminal proceedings , if so on what IPC sections I should file  a case .

 

 somebody is  forcibly taking ur property u can very well initiate criminal proceedings, law permits

adv.raghavan (Advocate,9444674980)     14 August 2013

kindly go thru my earlier msg where i have stated under certain sections of IPC u can initiate proceedings, with ur documents u can file recovery of possession in a civil court based on your documents what u have. then ur advocate will say what is decree mean


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