The apartment in TDI city in city of Kundli Sonepat is in name of me(son) and my mother. There was a sale agreement between us and another party who have 2lac as token money with an agreement. Thereafter he took way too long for getting loan and even tried to house any of his relative/servant in the apartment by making a copy of the key. This made us furious and we did not go ahead with the deal and offered to pay him back the token money. While this was going on, my parents travelled to my place in Canada for a 4 month family visit. When he got to know about it, he broke into the apartment and even changed locks. Now he sits without paying for the house nor paying any rent. This is certainly harassment and criminal action. We have stopped electricity connection recharge but I worry he will try to ruin the apartment in frustration I believe out of anger, he wants us to abandon our family reunion and force my parents back or maybe even intends to take over apartment by force. How can we approach this? Can we raise FIR from abroad? Are we right to stop the electricity of house? There is no rent agreement but he is ready for one on his own terms but we dont want to risk dealing with such a dangerous person who definitely may refuse rent later
- You can file a complaint against him for lodging an FIR for the offence of cheating , breach of trust and trespassing.
- Further, this complaint can be submitted to the police and higher official through any relative living in India on your behalf.
- Further, you can also send this complaint through registered post as well to the area police station and police commissioner where this property is located.
File police complaint of criminal trespass against the crook under section 447 of IPC
2) file online complaint
3) file suit seek orders to direct trespasser to vacate premises and deliver vacant possession of house
have you cancelled the sale agreement in writing and communicated the same to him?
If not then do it at once.
You can issue a legal notice to him stating that his presence in the house is considered to be an illegal trespass and punishable as per criminal laws.
You can demand him to vacate the illegally trespassed property immediately or to face legal consequences.
After that you can lodge a criminal complaint agaisnt him with the local police.
You can send the complaint from your place also but until and unless you follow it up closely in person you will not get the relief through police so easily.
If you are not able to pursue the matter in person you can authorise any one of your close relative i India to regularly follow and put pressure on police for taking proper legal action against him.
You can also file a suit for ejectment and permanent injunction against him to eject him from the property, recover possession and to restrain him from interfering in your possession and enjoyment of your property.
Yes you can immediately file FIR from abroad. Also same can be filed through your lawyer
Dear client, you can make a complaint under sec 441 and 442 of IPC for criminal trespass and house trespass. And also file under criminal breach of trust under sec 405 of IPC.
Additionally, you have the option of filing a lawsuit for ejectment and permanent injunction against him in order to drive him off the property, regain possession, and prevent him from interfering with your use and enjoyment of it.
If you are not in India then can file a complaint through any relative of yours.
1. First cancel the Sale Agreement made with this person by executing a registered cancellation deed in the jurisdictional Sub Registrar's Office provided the Sale Agreement was a registered one.
2. Send a legal notice to this person for illegally occupying the property.
3. You raise FIR online from abroad for illegal occupation of your property.
4. Since there's no rent agreement with this person, your action of disconnecting electricity to the property will be in order.
Hello
Eviction suit need to be filed and can be filed through POA , in addition occupancy charges can be taken as per market rentals .
best of luck
The crook is now requesting to complete the previous sale deed with same amount as decided earlier. We also want peace of mind. But since both owners are out of country, we will need to send special power of attorney to the family member (daughter of mother and my sister) to allow her complete sale Can we send a joint POA with 2 executants and 1 attorney? The joint owners (mother and son) are out of the country for long and need to appoint daughter to take care of sale. The buyer and amount is already decided. Need to ensure that payment be received by attorney on behalf of executants If yes, Where can I find the format of such matter?
1. A joint POA with two executants and one attorney can be sent.
2. Specific clause in the POA to be incorporated to ensure that the attorney would be receiving the sale consideration amount on behalf of the executants.
3. If interested to get customised POA, please contact me through Kanoon.com
Mother and son can execute POA in favour of family member ie daughter to execute registered sale deed
2) POA should be attested before Indian consulate
3) no ready made format
Yes both of them can authorise one power agent jointly and the terms of payment can be clearly mentioned in the power of attorney deed accordingly.
For getting the power of attorney deed prepared you may contact any lawyer of this forum or outside.
You can file joint POA if desrious
- Since , you both are executant and residing abroad, then a joint SPA can be given.
- The SPA should be notarized as per rule of Canada , and attested from the consulate of India.
- You can contact any lawyer of this website for getting prepared the SPA.
Dear client, yes, they can make a joint POA with single attorney. Mention the consideration amount in the POA. You can approach a lawyer to draft a POA.
And If they are unable to visit India to execute this registered sale deed, they may execute a POA there and have it notarized in that country, or have it attested by an official from the Indian embassy, and send the deed to the chosen agent in India.