property dispute

5 years ago

We have a property in name of my mother which is bought and didn't came through heir . Younger brother is evicted and in my parents will, he is not given any share (due to his bad habit of stealing and fighting) .Now he has captured two of our houses .Police is not registering our complain claiming it to be a family matter, so we have decided to file case under 156(3) at city magistrate court . I want to ask that when FIR will be registered will police ask my brother to evacuate from our house or we have to file a case in civil court for suit . How long does it take to have a hearing on our case in civil court. I have heared that it takes many years ,as long as 4-5 years for a case to resolve.We stay in muzzafar nagar district in UP.

Previous Question

Next Question

Deepak Yashwantrao Bade

Responded 5 years ago

A.dear client in your matter posted by you and the remedy apprehended by you by filing the suit under the said section is different. The order for evacuation can b given by a Court only and can be executed by police. Police has no power or authority to give order.The query of time cannot be answered arbitrarily as because it depends on various factors. The local advocate would be the best person to answer that.

Helpful

Kishan Dutt Kalaskar

Responded 5 years ago

View All Answers

A.You may file a suit for partition or declaration and a mandatory interim application and court will ask the defendant/your brother to hand over the house to you.

Helpful

Nirmal Chopra

Responded 5 years ago

A.Section 156(3) and civil suit are different remedies. It is another thing that after registration of FIR there may a comprise. Otherwise possession of the property can be obtained only through civil suit. So fas as time for disposal of the civil suit is concerned, it is difficult to fix any time limit for decision this come.It depends upon case to case even city to city.In cities like Delhi Jaipur Chandigarh and even states of haryana Punjab himachal Pradesh etc disposal of civil suits is much faster.But to protect it property rights u have to file action civil suit.

Helpful

Bhandari Law Firm Advocate & Attorneys

Responded 5 years ago

A.Simply file go to tehsil and make transfer of property on your name on the basis of Will. And also file 156(3) before illaqa magistrate for registration of fir.

Helpful

Read Related Answers

Property Dispute.

Dear Sir, You may file simple suit for partition and seek accounts of income received from such land and claim your share in liquidated mense profits.

House owner ran away with heavy deposit amount

Dear sir, You may file a suit for permanent injunction praying not to evict without due course of law that is they cannot throw you out of the house without getting eviction order from court or follow...

need solution for property disputes among mother & two sons?

Dear madam, It seems your brother in law is playing with you. You can get relinquishment deed from both by paying Rs. 10 lakh to each and get joint or individual relinquishment deed from your mother i...

Agriculture Land Purchased in Gujarat from Non-Farmer Seller

Dear Sir, Please consult local advocate who is well acquainted with local laws particularly revenue laws otherwise you may be mislead.

Registered legal entity as nominee of chs flat Mumbai

Dear Sir, Registered legal entity may be nominated but it cannot sell the property after the death of such title owner and it goes to the legal heirs of title owners unless the legal entity get Gift D...

Read Blogs on Property

Property Name Transfer: Essential Steps Explained

Understanding Criminal Breach of Trust: A Legal Perspective

Explore Section 44: Transfer of Property Act Insights

India's Property Power: GPA in Property

Legal Verification of Property: Legal Mastery

Property Lawyers

Kolkata

Bangalore

Mumbai suburban

Prabhakara S K Shetty

Bangalore

View Full Profile

Arvind Tripathi

Allahabad

View Full Profile

Type of Consultation	Fees
Phone Consultation	₹	Not Yet Updated
Meeting Consultation	₹	Not Yet Updated
Email Consultation	₹	Not Yet Updated
Video Conference	₹	Not Yet Updated
Request for quotation from the Lawyer.