Joint (2 owners) property occupied by one of the owner

[Dr. Ashok Dhamija]

From the facts narrated by you, it appears that you are a co-owner of the property, in which capacity, generally speaking, you are entitled to three essentials of ownership:

(1) Right to joint possession of property
(2) Right to enjoy the property
(3) Right to dispose your share of the property

If a co-owner is deprived of his property, he has a right to be put back in possession by a suit.
As a co-owner, you also have a right to demand and enforce a partition; i.e., a right to be placed in a position to enjoy your own right separately without interruption and interference by other co-owner.

So, you may have to file the appropriate civil suit for joint possession / partition.

If your in-laws family was residing there on rent basis of Rs. 8000 pm, as you have mentioned, then you must be having proof of the rent paid in earlier months. Moreover, they have said that they have already vacated the premises. But, you say that they are still in possession, so, you should get proof of their being in possession.

If there is a rent agreement and proof of rent paid, etc., and if their possession is as tenant and not as a co-owner, then you may have to file appropriate proceedings to get possession.

If they are staying there on the basis of being co-owner, then you may have to claim your right of being the other co-owner, and may perhaps have to seek joint possession / partition of the property.

So, ultimately, you may have to file a civil suit, if you are not able to sort out the issue peacefully through negotiations.

The police will be able help only if there is an offence committed, such as violence. Police may not be of help in the civil dispute. If police does not take action on a criminal complaint, you have the option to go to the court and file private criminal complaint.

Please consult some local lawyer at your place by showing him details.
     

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Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

[Vrd Yvr]

THANK YOU VERY VERY MUCH SIR for your valuable advises, but I am bothered of delay in the civil cases and its all related expenditure., my tresspassed property by 2nd owner crooked plan is that due to her violence I may not enter in that property because she is a stranger lady and even if I file civil suit It takes 5 to 6years time..this amount of time she and her parents can happily enjoy my property share on free basis and all case expenditure, monthly EMI and all intermediate expenses will be put on me. Her side she can enjoy till the civil judgment papers comes out which is for 5 to 6 years..I would become victim of all mess. sir As u said private criminal complaint is the better option for lack of police support.I will try this step sir..Once again thank you very much sir..since we never experienced these situations and lack of legal knowledge which made us falling innocently on troubles..Sir …My Sincere Salutes to Dr.ASHOK DHAMIJA

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