In T.N. there is new tenancy Act Tamil Nadu Regulation of Rights and Responsibilities of Landlords and Tenants Act, 2017 which  is balanced between landlord  and tenant and proceedings are very fast. Under the  Act the  tenant is bound to execute a tenancy agreement  with landlord. Sent him a properly drafted tenancy agreement  with terms you want. There is no restriction on amount of rent and duration of tenancy. If the  tenant fails to sign the  agreement  you can submit the  same to Rent Authority of the  district who is deputy Collector of district, he will upload the  agreement  on the  website of government and it shall be treated as executed  between landlord  and tenant. On failure of tenant to pay the  mentioned rent, you can immediately seek his eviction by Rent Authority.

You have to file a eviction suit against him and evict him 

Issue legal notice to uncle to vacate the house 

if he refuses file suit for eviction of trespasser 

it depends upon the pendency of cases in trial court 

Dear Client,

For you, as the occupant refuses to leave and threatens your family, thiswould be an action of the court. For a start, register an online complaint through the Tamil Nadu Police portal or CM Cell grievance redressal system to make sure that it goes up onrecord. Attach every detail regardingthreats, the assault, and the refusal to leave the house. With this, the police are compelled to act on your complaint and shall provide a reference number for trackingpurposes.

File an eviction suit in the civil court to take them away from your property. Since there is no rental agreement or lease, the occupant is considered a trespasser. The court can issue an order for their eviction based on the sale deed and patta in your father's name. In addition, seek an injunction to stop unauthorized modifications to the property.

You may also file a separate criminal complaint for assault and trespass under Section 130 and 329 of BNS, given his influence as an ex-military person, and take this matter to higher police authorities or through legal counsel in case of non-action by the local police.

Eviction suits usually take 6 months to a year depending on the court's caseload and the complexity of the case. You should ensure that an experienced property lawyer handlesthe case for you in such a way that will protect your rights and expedite the case. If you need further assistance, please let me know.

This is a civil matter hence you can find remedy only through civil laws and not through police.

The police can take action only against the violent activities done by them against your father.

Your father has to file a suit for ejectment to eject him from the house stating that the uncle was allowed to occupy the property under care taker arrangement hence it is permissive possession only whereas now they are squatting on the property and refuse to vacate hence they are considered as illegal occupants, they need to be ejected out of the property and for recovery of possession.

If the police is not taking any action for the criminal acts done by them then your father can file a petition under section 156(3) cr.p.c. (under new law - Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS)  seeking direction to concerned police to take legal action on your complaint.

This is a suit for enactment and it is another regular suit, it may take two to three years for disposal. 

It depends on the court and the burden on the court 

It takes some time. Exact timelines can’t be said but you get the rent for the said oeriod from that person who had occupied it

Your situation involves both legal and practical measures to address the unauthorized occupation and trespassing on your property. Here's a comprehensive approach:

1. Police Involvement and Immediate Steps:

• 
  Persist with the Police: Follow up with the local police to ensure your complaint is officially registered and a CSR(Community Service Register) number is issued.
• 
  Escalate to Senior Officials: If the local police are unresponsive, escalate the matter to the Superintendent of Police (SP) or Deputy Superintendent of Police (DSP) of your area.
• 
  Online Complaint: File a complaint through the Tamil Nadu Police grievance portal or the CM Cell for quicker action.

2. Civil Action for Eviction:

Since there is no rental agreement, the occupant is legally a trespasser.

• 
  Legal Notice: Engage a lawyer to issue a legal notice to the trespassers, demanding they vacate the property immediately.
• 
  Eviction Suit: File a civil suit for eviction and possession in court. Seek damages for illegal occupation and unauthorized alterations.
• 
  Injunction: Request an injunction to prevent further construction or damage to the property.

3. Criminal Complaints:

• 
  Assault and Threats: File a complaint under IPC sections (e.g., Section 323 for causing hurt, Section 506 for criminal intimidation) for the assault and threats.
• 
  Illegal Alterations: Include details about unauthorized construction or tampering with the property in your complaint.

4. Escalation and Protection:

• 
  CM Cell: File a grievance through the CM Cell detailing police inaction and threats to your safety.
• 
  Veteran Organizations: If the individual is using ex-military influence, consider notifying veteran associations or military boards to intervene.

5. Documentation and Safety Measures:

• 
  CCTV Installation: Install cameras to document any threats or activities as evidence for legal proceedings.
• 
  Avoid Confrontation: Limit direct interactions to ensure your safety and let your lawyer handle the situation.

6. Future Precautions:

• Always document agreements in writing, even with relatives, and regularly inspect your property to prevent unauthorized activities.

For a detailed consultation to your case, feel free to book an appointment. I will guide you through the next steps and assist in drafting legal notices or filing appropriate complaints.

Thanks and Regards,
Advocate Aman Verma
Legal Corridor

- If the said police official is not taking any legal action against him, then your father can file the same complaint before the higher police officer like DSP or CP

- Further , if your uncle is not paying any rent and living into the same , then your father can send a legal notice for the termination of the license given to him for temporary living. 

- Further, if no positive response then he can file a suit for Mandatory Injunction before the Court for evicting him. 

To address this issue, escalate the matter by filing an online complaint via the Chief Minister’s Cell (CM Cell) or the National Human Rights Commission (NHRC) to highlight police inaction and safety concerns. Simultaneously, file an eviction suit under the Tamil Nadu Rent Control Act, 1960, citing unauthorized occupation, non-payment of rent, and threats. Eviction cases can take 6 months to a few years depending on complexity, but you can seek an interim injunction to stop further alterations or misuse of the property. File a petition under Section 144 CrPC to the district magistrate to ensure your safety and prevent breaches of peace. Engage a property lawyer to navigate the eviction process, strengthen your case, and counteract any undue influence. Would you like assistance drafting the complaint or filing the eviction suit?

You can engage a local lawyer to draft a complaint to CM cell and other authorities

You have to to issue him legal notice to vacate the premises

if he refuses file a suit for eviction for the trespasser 

You will not get any support from police even if you send a complaint to the CM cell.

This is a civil matter hence the police will not get themselves involved very deeply into it.

What is that preventing you to approach civil court to file an eviction suit.

If it is a time constrain then what were you doing all these two decades or more.

You may have to discuss with an experienced lawyer in the local and proceed legally through civil court without any further delay from your side

Steps to Escalate the Complaint:

1. Higher Authorities:

   • Submit your complaint with evidence to the Superintendent of Police (SP), District Collector, and Tamil Nadu CM Cell (online or in person).
   • Include your online complaint reference number, ownership proof, and details of police inaction.

2. Judicial Magistrate:

   • File an application under Section 156(3) CrPC to direct the police to register an FIR for assault, threats, and unauthorized construction.

Draft for CM Cell/Authorities:

Subject: Urgent Action Required: Illegal Occupation, Harassment, and Police Inaction.

Respected Sir/Madam,
We request urgent action regarding illegal occupation and harassment by an unauthorized occupant on my father’s property. Despite repeated police complaints, no action has been taken, and unauthorized construction continues.

Our Requests:

1. Eviction of the illegal occupant.
2. FIR for assault and harassment.
3. Compensation for damages.

Attachments: Ownership proof, complaint copies, and evidence.

Can Your Father Claim Compensation?

• 
  Yes. File an eviction suit to claim mesne profits for 3 years (limitation period) and damages for unauthorized construction.

Immediate Steps:

1. Escalate complaints to higher authorities and CM Cell.
2. File an eviction suit with compensation claim.
3. Seek interim relief (injunction) to stop construction.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you. Shubham Goyal.

Still without rental contact you can evict him in the meantime he will also have to pay you the market rent in the said area

Court comes to the rescue only if the person has been diligent in pursuing legal remedies without lethargy. What steps did you take when he didn't pay rent for 20 years?

Why were you complacent then?

Police will not interfere in rental matters, however, some police take money and get the tenant illegally evicted. As you are saying that he is influential, move the court to get him evicted and recover the rental arrears.

G.Rajaganapathy

Advocate

High Court of Madras

Dear Client,

For these purposes, first appeal to higher authorities like the Superintendent of Police (SP) or District Collector using the reference number from the online complaint portal of Tamil Nadu Police. Prepare a detailed complaint to the CM Cell, elaborating on all illegal activities done by the occupant, refusal to vacate, assault, and unauthorized modifications with supporting documents such as sale deed, patta, police complaint records, and photosattached. You should file an eviction suit in the civil court since he is just a trespasser without a tenancyagreement. You can also claim damages on account of illegal occupation by providing proof of rent not paid and damages caused. Theseclaims are usually allowed by thecourts if properly documented. The criminal complaint for assault and trespass under Sections 329 and 115(2)of the BNS will address the threat and physical attacks. Engage a competent property lawyer to expedite the eviction and ensure that your rights are protected. If local authorities donot respond, you may consider filing a writ petition in the High Court for theinaction by the police.

Kindly book a consultation for a detailed understanding