Co-owner of inherited property harassing to vacate urgently Co-owner of inherited property harassing to vacate urgently

1 month ago

My parents (78 and 68 years old) and I live in my grandfather's house. After grandparents' death, the house became the property of my father and his brother (my chacha). The chacha lived in another state until recently. On paper, the land and house have been demarcated. The chacha had offered to sell his share of the house to us (I have call recording) and also spoken about he himself shifting here. He had not provided any clarity about their plan. Last year, I asked him on WhatsApp on two occasions (I have screenshots) whether he wanted to sell us his portion or vacate. I told him that if he wants us to vacate, let us talk so that there's no friction later on. He did not reply. Now, he came all of a sudden and is threatening that if we don't move out within six weeks, he will throw our stuff out. He said he will do whatever he wants and that he will show his real badtameezi now. (I have the audio recording of the entire conversation.) In December 2022, he had forcibly occupied my room (which falls under his area) without even telling us or saying he wanted the room. Without a warning, he just barged into the room and stuffed some of his luggage in it. He is very much capable of gundagardi. It's only now that he clarified that he won't sell his share to us, so we have started making other arrangements. I will be shifting my parents to a tiny studio apartment they have in another state. But we cannot vacate this house until we can get the paperwork regarding mutation completed, which was pending because the chacha had given us the impression that he wanted to sell the house to us. When I asked him why he did not tell me his intention when I asked him twice last year, he said he was waiting to get his mutation paperwork done, which is now done, so he can do anything now. This shows his malafide intention to harass us. I have the audio recording where he is saying all this.
The design of the house is such that all the bedrooms, kitchen, bathroom and dining room are under his portion. Our portion contains merely garage, a store room and the drawing room. We don't intend to keep using the chacha's portion indefinitely. I have begun all the paperwork promptly. Address change, then Aadhaar card change etc. has to be done. Vehicle has to be sold. So far, we were using the house only because he had offered to sell it to us. But it's clear he deliberately misguided us and is now harassing us. What legal options do I have to ensure he does not bother us while we get our paperwork done? Govt's senior citizen helpline asked me to file a complaint with police, saying the police will warn him not to harass us, but the police are not even listening the complaint. What can I do now? We have been living under great anxiety because of this chacha for years. I have got admission to IIM but I had to leave my seat because I now have to attend to this drama. Please suggest how to safeguard my parents from this trauma while we're getting our paperwork done to leave this city.

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
In the given scenario, you need to file a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
No eviction order can be granted by the Court against co-owner. Better to file a suit for permanent injunction and protect from forcible eviction.
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