Property Damage by BIL
9 months ago
My Father has expired without leaving any will and there is no cooperation from my elder sisters to have a mutual distribution of property among ourselves. To make things complicated they have filed a civil case only for few properties of their interest. It includes a property in native (Tamil Nadu) which i visit on yearly basis only. Its unoccupied and locked since my parents have expired. There was a part of the house which was rented to ensure the house and surrounding areas are maintained in good condition. However due to constant harassments from my sisters husbands, the tenant left the premises in one day notice without clearing his rental dues.
Now since past 2 years the BIL are constantly breaking the locks of the gate and main doors and are damaging household items and property. This is done when there no people around and no one can see it.
Its been so frequent i have lost the count how many times i have replaced and repaired the locks of gate and door.
Fed of this i had lodge a police complaint against BIL and Police officials were of not great help since they said my sisters have equal rights on the property and they can just warn BIL from their end. Also you have civil case ongoing.
Inspite of Police complaints, BIL are still continuing to break the locks and causing a nuisance. This causing mental stress and i have to incur expenses on travel as well as getting things repaired every time. Due to such act by BIL, the house remains open for a long time till some one notices it and informs me.
Request to advice what options i have this issue stopped from BIL from damaging the property repeatedly. My Lawyer say we cant get a injunction order against my BIL to fix the issue and also we dont have any proof that he is been doing it.
Please file a complaint fore mischief under section 425 of IPC. General punishment is imprisonment or fine. In cases with a higher magnitude of damage, both can also be awarded. The term of imprisonment and the amount of fine is not constant and keeps varying according to the degree of mischief, damage caused and its effects.