Lawfully yours: By Retd Justice K Chandru

I own a small property in Saidapet which I bought with a bank loan and selling the family silver. The property was doing well in terms of market value till recently when a nomad group took possession of the vacant plot in front of it on rent. There was some dispute over the plot and its owners wanted to make some money till the case is settled in court. Now the new occupants have put up thatched shelters beside the road and started cooking and sleeping in the open. There’s nothing of theirs that cannot be viewed from our balcony and I am not getting tenants or buyers for my property. What can I do to wriggle out of the situation? Please help. 

— Arivarasu, Saidapet 

If the occupation by the nomadic group is encroachment or if they commit a nuisance in public, you can give a complaint to the Greater Chennai Corporation to remove the encroachment or to the Revenue Divisional officer, Saidapet, who is also an Executive Magistrate to remove the nuisance under Sec.133 of the CrPC. If they don’t take action, you can move the High Court for a suitable direction against those authorities. 

My wife left for heavenly abode during the first lockdown last year after being infected with the virus, leaving me alone with our eight-year-old son. We together had purchased a property that was registered in both of our names. Though I have all original documents on her treatment, my in-laws have successfully raised a false FIR against me as they are eyeing a share in our property as well as refusing our share of my wife’s family property. With police also backing them, how can I get the FIR quashed? Also, what should I do to get our share of my wife’s ancestral property? 

— Name withheld on request 

In property disputes, the police cannot register an FIR without proper inquiry. Even otherwise, you can move the High Court under Sec.482 CrPC to quash the FIR. In respect of the share from your wife’s property, you can file a suit on behalf of your minor son, represented by you as a guardian, in a civil court for partition of the minor’s share. 

DISCLAIMER: The views expressed here are of Justice K Chandru, who is providing guidance and direction based on his rich experience and knowledge of the law. This is not a substitute for legal recourse which must be taken as a follow-up if so recommended in these columns