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Temporary Access to self-owned property under Protection


04-Sep-2026 (In Family Law)
My wife and I both Senior Citizens were forcibly removed from our house about a year ago by our single daughter aged 43. When police accompanied us to the spot for enquiry after about week we were able to hastily collect a few belongings. A second attempt was not successful due to Police indifference. Now we want lawful access to the our property under protection for a few hours to retrieve essential documents and belongings. We are not interested in maintenance or eviction.
Answers (2)

Answer #1
511 votes
Dear client you can seek immediate relief under the Maintenance and Welfare of Parents and Senior Citizens Act as well as standard police protection remedies through the local authorities or courts You may approach the Maintenance Tribunal constituted under the Senior Citizens Act by filing an application requesting directional orders for police assistance to safely enter the premises and retrieve your personal belongings and essential documents Since you are not seeking eviction or maintenance at this stage the Tribunal can pass appropriate directions to ensure police protection specifically for retrieving your items Alternatively you may submit a formal representation to the Sub Divisional Magistrate or the District Superintendent of Police detailing the illegal restraint and indifference experienced earlier requesting an escort to enter the home safely If administrative channels fail you can file a writ petition before the High Court or file an application before the jurisdictional Magistrate seeking suitable protection orders to secure peaceful entry and recovery of your documents and belongings without physical harm or obstruction from your daughter
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Answer #2
812 votes
Hello sir, If it was your self acquired property you can get an injunction and get her evicted from the property. You can also get direction from the court to visit the premises and take all your belongings. Take an Advocate to police station and file a formal complaint to the police and ask them to accompany you to take your belongings. I hope this helps
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