Anonymous
Asked September 24, 2016

Property given by grandfather through will

  • 1 Answer
  • 381 Views

My grandfather purchased a land. He did the WILL of his property to me and my brother in the year 1981 (not to his son, directly to me and my brother). After that he passed away in the year 1983. Again my brother passed away in year 2008. My brother was unmarried. So, I was the only one who is left. In year 2016, mine one and only one married sister came to my house. She told me that she has financial problem so please allow me to live in my home. So, I allowed her to stay in my home. But, I was unaware of the real fact. After living 3 months in my home, she started demanding her half share in my property. I am not ready to give her share in my property. Now she had lodged a complaint to local police, senior city SP and chief minister office against me. I am very much confused. What should I do? I have some construction work in my home. But with the help of police she stopped my ongoing construction work. I also took an advance payment to rent my property. But she is not allowing my renter to enter into my house. Please advise me what should I do? I have some questions also. Please answer my queries: 1. Does my sister really have her share in my property? 2. Can she have the right to stop my ongoing construction work? 3. Can she stop my renters to enter into my house? 4. She is using my bathroom, my water, my room and even my electricity. When I refuse it then she took help of Police. I was surprised that police was supporting her and police warned me. Can she have right to use my bathrooms, electricity?? How should I tackle police torture? 5. Please tell me the right and proper way to solve this case?

Answer 1

 

Firstly to be clear and ease you, let me tell you that the sole owner of the property is you. Your sister (even if we consider she was your real sister, she has no claim over the same. Had your grandfather wanted to include her in his property, he would have named her as well in the will. The sole reason her name wasn’t mentioned was because he dint want her to inherent the property. So after the death of your brother, you would inherit even his shares. Now dealing with what recourse you have. Firstly give her a legal notice of eviction. Legally, you must give this written notice with sufficient time for response. 15-20 days is a reasonable time. If your sister does not leave the home at the end of the period stipulated in your written notice, you will need to start eviction proceedings. File for a court hearing if the she refuses to leave the home after being served with an eviction notice. Along with the eviction proceeding, you can file a suit of temporary injunction under Order XXXIX, Rule 1 & 2 of Civil Procedure code, 1908 to restrict your sister from hampering and obstructing the construction and rent payment. You can also file for trespass and nuisance if your sister does not stop for the same. This is your civil remedy.

 

For criminal remedy you can file a suit for House-trespass after preparation for wrongful restraint[1].  Also you can file for decree/ order for restriction (injunction), for obstructing your construction and other day to day work. If she continues to create nuisance even after injunction issued from a legal authority, you file a suit under section 291.[2]

 

As per you to deal against the harassment caused by the police authority, you can file a suit against the concerned officer under section 166 of Indian Penal Code, 1860[3]

  [1] S. 452 Indian Penal Code, 1860. House-trespass after preparation for hurt, assault or wrongful restraint: Whoever commits house-trespass, having made preparation for causing hurt to any person or for assaulting any person, or for wrongfully restraining any person, or for putting any person in fear of hurt, or of assault, or of wrongful restraint, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

[2] 291. Continuance of nuisance after injunction to discontinue

Whoever repeats or continues a public nuisance, having been enjoined by any public servant who has lawful authority to issue such injunction not to repeat or continue such nuisance, shall be punished with simple imprisonment for a term which may extend to six months, or with fine, or with both.

 

[3] S 166 Indian Penal Code, 1860. Public servant disobeying law, with intent to cause injury to any person :Whoever, being a public servant, knowingly disobeys any direction of the law as to the way in which he is to conduct himself as such public servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with simple imprisonment for a term which may extend to one year, or with fine, or with both.

 

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