If you are stuck in such a situation, here is what to do.

Mr. Alok Sharma, a resident of Pratapgarh, found himself in a distressing situation. Several years ago, after a significant disagreement with his parents, he moved into a new home that he purchased with his own funds. The issue began when his parents started visiting his house, ostensibly to see their granddaughter, Priya. However, these visits would turn sour as they would refuse to leave when asked, often taunting Alok and creating a tense atmosphere in his own home. The property is legally registered in Alok’s name, and he has no financial obligations towards his parents. He is seeking to understand his legal options to prevent them from entering his property without his permission and to have them removed if they refuse to leave.

Advice in such cases

Navigating legal issues with close family members, especially parents, is emotionally taxing and legally complex. It involves a delicate balance between personal relationships and asserting your property rights. Here is some general advice:

Attempt a final, clear communication. It is advisable to send a formal communication, such as an email or a message, clearly stating that they are not to visit your property without your express, prior permission. This creates a record that you have withdrawn any implied permission for them to enter.
Do not engage in physical altercations. It is crucial to avoid any physical contact or aggressive arguments that could escalate the situation. Your goal is to de-escalate and rely on legal channels, not to create new legal problems for yourself.
Document everything. Keep a detailed log of every unwanted visit, including dates, times, and a summary of what occurred. If possible and legal in your jurisdiction, install CCTV cameras that cover the entrance of your home. This evidence is invaluable.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

Applicable Sections of Law

Under Indian law, your home is your castle, and you have the right to decide who can enter it. The actions described may fall under the purview of the Bharatiya Nyaya Sanhita (BNS), 2023.

Section 329 of the BNS, 2023 (Criminal Trespass): This section applies when someone enters a property in the possession of another with the intent to commit an offence, or to intimidate, insult, or annoy the person in possession. Your parents entering your home and then taunting you and refusing to leave could be construed as an intent to annoy.
Section 330 of the BNS, 2023 (House-trespass): This is an aggravated form of criminal trespass. If the trespass occurs in a building, tent, or vessel used as a human dwelling, the penalties are more severe. Since the property is your home, this section would be directly applicable.
Section 351 of the BNS, 2023 (Criminal Intimidation): If their behaviour includes threats to cause harm to you, your reputation, or your property, it may also amount to criminal intimidation.

If you are the complainant

If you are in a situation like Alok’s and wish to take legal action, you are the complainant. Here are the steps you can take:

File a Police Complaint: You can approach your local police station and file a written complaint. Detail the history of the issue, the fact that you own the property, and the specific incidents of trespass and annoyance. Attach a copy of your property documents.
Seek a Civil Injunction: A very effective remedy is to file a civil suit for a permanent injunction in a civil court. The court can issue an order legally restraining your parents from entering your property without your permission. An interim injunction can often be granted quickly to provide immediate relief while the case proceeds.
Preserve All Evidence: Ensure all your evidence is organised. This includes property papers, any recorded footage, messages, and the log of incidents you have maintained.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

If you are the victim

As the victim of trespassing and harassment, the law provides you with specific rights and protections, even when the perpetrators are your parents.

Right to Peaceful Enjoyment of Property: The Constitution of India and various property laws grant you the right to own and peacefully enjoy your property. This right cannot be infringed upon by anyone, including family members.
Right to Privacy: Your home is a private space. Forcing entry or refusing to leave is a violation of your privacy.
Right to Safety: If the situation makes you feel unsafe or threatened, you have the right to seek immediate police protection. You can call the police emergency helpline to report an active trespass.
Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think.

How the police behave in such cases

Police response in such matters can be varied. Initially, they might be hesitant to take formal action, viewing it as a “family dispute.” They often prefer to counsel both parties and find an amicable solution. However, you must be firm and clear about the legal violations. If your written complaint clearly outlines the offence of criminal trespass and harassment, the police are obligated under the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 to register a complaint. If the offence is cognizable, they must register a First Information Report (FIR). Having a lawyer draft the complaint can ensure it is taken seriously.

FAQs people normally have

Do my parents have a right to live in my self-acquired house?
No. In the case of self-acquired property (property you bought with your own money), your parents have no legal right to live in it or enter it against your wishes. The situation is different for ancestral property.
Can I call the police every time they show up?
Yes. If you have made it clear that they are not welcome and they still enter your property, each instance is a fresh act of trespassing. You are within your rights to call the police for assistance.
What about their right to see their grandchild?
While courts are sympathetic to grandparents’ desire to see their grandchildren, this does not give them an automatic right to trespass on your property. Grandparents’ visitation rights can be sought through a separate legal process in a family court, but it cannot be used as a justification for illegal entry.

What evidence is required?

To build a strong case, you will need compelling evidence. This includes:

Proof of Property Ownership: The sale deed, conveyance deed, and recent property tax or utility bills in your name are crucial.
Evidence of Trespass: CCTV footage is the best evidence. Alternatively, videos or photos taken on your phone, or testimony from a neutral witness like a neighbour or a building security guard.
Proof of Withdrawn Consent: A copy of the email, message, or registered letter you sent them asking them not to visit without permission.
Record of Incidents: A diary or log detailing each unwanted visit and the harassment that occurred.

How long will the investigation take?

The duration of a legal process can vary significantly. A police investigation’s timeline depends on their workload and the complexity of the case. While the BNSS aims to expedite investigations, practical delays can occur. A civil case for an injunction might provide faster relief in the form of an interim order, which can be granted within a few hearings. A full trial, whether criminal or civil, can take a longer time to conclude. Your lawyer can provide a more accurate estimate based on the specifics of your case and the local jurisdiction.

Advocate Sudhir Rao, Supreme Court of India

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How to Legally Handle Unwanted Parental Visits and Trespassing