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Locked property illegally by brother and sister


01-Jul-2023 (In Civil Law)
Need your valuable advice for my relative. His father has gifted him one part of the house including 2 rooms at upstairs and it is registered in Registry office. Other part of the 2 storeyed building was occupied by remaining 2 brothers. Now his two brothers and his 60 years window sister locked my relatives 2 rooms at upstairs since last 10 years . My relative tried to resolve it through several meeting but failed to do it then my relative also locked over it. Now How can we recapture it? Can we occupy it by doing 144 dhara through Advocate? Can they file false theft case if my relative break the lock to capture his upstairs rooms? it is clearly mentioned in the Deed that no one can demand this part of the building in future except my relative whose father gifted it. Religion Hindu.
Answers (2)

Answer #1
570 votes
It's very difficult to say without seeing the gift deed if they have the property then you have a suit for declaration along with mandatory injunction to prevent them from entering the property and also 144 can be filed to maintain status quo. Do not try ever to break the lock it may bring penal consequences to your relative.
regards
Answer #2
680 votes
when your relative over locked it then you can take a chance braking of breaking the locks and if they complaint the police for theft then you can show the registered deed where your relatives ownership is cleared in pen and paper so how can an owner becomes a thief to his property on the other hand the Force full occupier trespasser cannot prove there ownership and if they mentions about their position the rooms that they fails to prove legally how they got The Possession of doors to room then you can alleged them as trespassers .

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