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.

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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.

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Kishan Dutt Kalaskar

Responded 5 years ago

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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.

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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.

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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.

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