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Can I do house treaspass case against my aunty


11-Jan-2026 (In Criminal Law)
Hello sir mana apni aunty ko ek makan rehna ka liya diya tha 3 month ka liya bina kisi agreement ka abhi vo khali karna sa mana khr rahi ha mana unsa kabhi Paisa nahi manga par vo har mahina mujha 5 thousand deti thi online abhi vo khali nahi khr rahi ha khya ma unpa house treaspass ka case khr sakta hu khyu ki vo jor jabardasti reh Rahi ha ya vo kiryadar ban gayi ha please help
Answers (5)

Answer #1
876 votes
Sabse pehle unko legal notice bhejiye – jisme likhein ki unki permission withdraw ki ja rahi hai aur 7–15 din me ghar khali karein. Agar notice ke baad bhi wo nahi nikalti, to aap: Police me complaint kar sakti hain for illegal occupation / criminal trespass (IPC 441/447) Saath hi civil court me suit for mandatory injunction / possession file kar sakti hain. Payment ke screenshots, bank entries, chats sab evidence sambhal kar rakhein – yeh dikhayega ki koi formal tenancy nahi thi.
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Advocate Madhvi Chopra

Adv. Madhvi Chopra

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Answer #2
591 votes
Hi there, as there's no agreement then it's possible to file house trespass against her. However, she will raise the point that she used to transfer 5k per month as rent to you, which can be argued. But in both scenarios you have right over properly which can't be taken away by her. It's advisable to contact me and provide requisite details to assist you better.
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Advocate Ishan Parashar

Adv. Ishan Parashar

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Answer #3
654 votes
Jo log apki marzi se bina paiso k rehte hai unhe licensee kaha Jata hai ..unke upper ap house-trees pass ka case nahi kar sakte, inke upper alag se civil suit dalna padta hai that is suit for possession. Jo log apko her mahine rent k tau per paise de rahe hai tau Woh apke tenant honge, tau inke upper arrears of rent aur possession ka case dalna hota hai .. It’s better you hire expert advocate ! Plz n in touch to understand the legalities
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Advocate D. Khan

Adv. D. Khan

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Answer #4
681 votes
Since monthly payments were made, she may be legally viewed as a tenant despite no written agreement. You cannot file for trespass immediately. You must serve a formal Legal Notice to evacuate first. If she refuses, you should file an Eviction Suit in the concerned Civil court. Forcing her out physically can lead to criminal charges against you. Seek my services to formalize the notice.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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Answer #5
701 votes
aap legal way se apna house vapis le skte hai ..sbse phle eviction legal notice send krye unko 15 days ka time dijiye unko to evict your house than agar vo khali kar de toh good nhi toh apko case file Krna hoga or usme compensation v claim kar skte aap along with possession...contact us for more free legal advice
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Advocate Ankush Chaudhary

Adv. Ankush Chaudhary

LawRatoDelhi | 200+ Answers
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