My brother trespassed into my house

I have a house in Tamilnadu. I gave power of attorney to my father to maintain my property. Recently my brother broke the lock and entered the house. Staying there and claiming that it is his fathers' property and has right to stay. I tried to file ... Read More

I have a house in Tamilnadu. I gave power of attorney to my father to maintain my property. Recently my brother broke the lock and entered the house. Staying there and claiming that it is his fathers' property and has right to stay. I tried to file police complaint but police is refusing to FIR. How to deal with this?
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Answer (1)

Team Legistify

Team Legistify

  • Sector-1, Noida

General power of Attorney does not transfer ownership of the property. In the present case where the power of attorney regarding the house was given to your father the ownership of the property still vests in your hands. Hence, the conduct of your brother would amount to trespass. However, whether it amounts to Criminal trespass (Section 441 of the IPC) or House trespass (Section 442 of the IPC) will depend upon whether your brother intended, to cause any harm to the property or to commit any offense.

In any case, you can at least go for civil trespass.    

Answered on 28 Sep 2018


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