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

[Vrd Yvr]

Respected Sir, I Y.Venkata Reddy working as Asst Professor save me and my economical hardship interms of HOME EMI LOAN , from ex-father-in-law family who were just tenants residing there from 2014 to till this minute.In brief, I and Joshna Reddy (ex-wife) together jointly bought the ground floor home registration made on both names during 2014 Aug. I am paying monthly EMI to CANARA BANK.Her parents residing there as tenants paying 8000 Rs/- as rent. Since July 2016 suddenly they stopped paying rents , we posted legal notice to them to vacate & surrender home and pay the pending rent amount.But he replied that he vacated that ground floor and that property belongs to her daughter only. He didn’t give any initimation to me regarding this in any form and in real he still residing there only. So they preplanned to avoid rents and occupy that entire home and putting me in heavy loss of hardship and money. We lodged complaint Police station.They told me to settle in concerned court.
Orally they said you are also one owner so go there and stay there.But infact the said family threatening us wounded us created violence taking law and order in to their hands and not letting us to step in to that home.Again we went to PS and told all this.But surprizingly they didn’t take our complaint and no action taken till this minute and not even ready to send a police to protect us while entering into that home.So plz tell us what I should do now as I was economically not strong to file CIVIL case for tresspassment of my owned property, how can I enter into my home? Whom should I approach…plz help us with your valuable advises…

[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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