Legal Question in Real Estate Law in India

Dear Sir,
We are 4 brothres.We had a house behind my cousin's house in our home town.This house is in the name of my mother.She already expired in 2005.Since we 2 brothers reside outside india and 2 are working in india but outside our home town. I given the keys of that house to my cousin to take care off.Now when I returned India we saw he captured my house and put his belongings in it.We want to get it back .Can you please guide me how we can take it back should we approach to police.or what we can do.Please guide us

Asked on 5/06/13, 1:16 am

2 Answers from Attorneys

Vishwa Arya Arya & Co.

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I assume that you have the title papers of the property showing the house in the name of your mother.

You have two remedies. One, file a criminal complaint with police for Criminal Breach of Trust. Second file a civil suit for possession. For both, it may not be a bad idea to first send him a legal notice asking him to hand you over the possession of the property or else you would be charging him mesne profit/damages at the market rate of rent per month, indicating clearly the amount.

Answered on 5/06/13, 1:23 am

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