One of my clients recently had a case which I am explaining below and if you are stuck in such similar situation, here is what to do.
Note: Due to attorney-client privilege, I cannot disclose complete case details or identify the actual parties involved. However, I am sharing the essential facts and legal approach so that if you find yourself in a similar situation, you can understand the available solutions and legal remedies.
TL;DR: If you're scared to live in your own house due to threats or violence from family members — whether over property, inheritance, or personal disputes — you can seek immediate protection orders from the civil court, including injunctions to restrain the other party from entering or causing harm. You may also file a police complaint under relevant criminal laws, and in some cases, approach the family court for relief under the Protection of Women from Domestic Violence Act, 2005 if applicable. You don't have to vacate your own home — the law is on your side to keep the peace and protect your right to reside peacefully.
Priya Verma, a 48-year-old widow from Indore, inherited a small house in the Vijay Nagar area from her late husband. After his death in early 2025, her brother-in-law, Rohan Gupta, started claiming the property was jointly owned — even though it was solely in her name. Rohan moved into the house, threatened her repeatedly, and even told her to leave. Scared and unable to sleep in her own bedroom, Priya didn't know where to turn. She first tried speaking to local elders, but the situation only worsened. That's when she reached the office of Advocate Sudhir Rao. Her first lawyer had tried negotiating, but that got her nowhere. Advocate Sudhir Rao's team immediately recognised the pattern — a property dispute wrapped in threats and intimidation. They filed a civil suit for permanent injunction along with a criminal complaint under the BNS. The court granted an interim injunction within weeks, restraining Rohan from entering the property. The specialised experience in handling both civil and criminal angles in such cases helped secure the order in favour of the client without delay. Now Priya lives in her home — finally at peace.
Key Facts of the Case
- The house was solely owned by Priya Verma through inheritance after her husband's death — no joint ownership.
- Rohan Gupta, the brother-in-law, forcibly entered the property and threatened the owner to vacate.
- Initial attempts at mediation by a general practitioner failed to resolve the threats or stop the trespass.
- The office of Advocate Sudhir Rao filed both a civil suit (permanent injunction) and a criminal complaint (criminal trespass and criminal intimidation).
- The civil court granted an interim injunction under Order 39 Rule 1 and 2 CPC, restraining Rohan from entering the house.
- The case was heard in the District Court, Indore, and the matter is now pending trial with a status quo order in place.
- No criminal antecedents were found against the petitioner — she had a clean record and was the lawful owner.
The Direct Legal Answer
If you are scared to live in your own home because someone is threatening you or forcibly occupying it, you have clear legal options. The answer depends on who the other person is and what kind of threat you face.
What if a family member is threatening me to leave the house?
You can file a police complaint under Sections 310(1) (criminal trespass) and 308(1) (criminal intimidation) of the Bharatiya Nyaya Sanhita (BNS), 2023. The police can register an FIR and investigate. Simultaneously, file a civil suit for permanent injunction in the civil court. The court can issue a temporary injunction restraining the other person from entering or disturbing your possession. If the person is a family member and you are a woman, you can also approach the Magistrate under the Protection of Women from Domestic Violence Act, 2005 for a residence order.
Can someone legally force me out of my inherited property?
No. If you are the lawful owner — whether through a will, succession, or gift deed — no one can force you out without a court order. Even a co-owner cannot evict another co-owner without partition proceedings. Trespass or threats are illegal. The police can intervene.
Advice in Such Cases
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 to 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.
Here's what else matters. Do not argue or physically confront the person making threats. Gather all your documents — title deed, death certificate, property tax receipts — and keep them safe. File a police complaint immediately if there is any assault or criminal trespass. This type of case — where property rights mix with family violence — demands an advocate who regularly handles both civil and criminal aspects. General practitioners may miss procedural steps like filing a caveat or securing interim relief early.
Applicable Sections of Law
This is a mixed case — civil and criminal. The relevant statutes include:
- Bharatiya Nyaya Sanhita (BNS), 2023: Section 310(1) (criminal trespass), Section 308(1) (criminal intimidation), and Section 115 (voluntarily causing hurt) if assault occurs.
- Code of Civil Procedure, 1908: Order 39 Rule 1 and 2 (temporary injunctions) and Section 94(c) (interim orders).
- Protection of Women from Domestic Violence Act, 2005: Section 17 (right to reside in shared household) and Section 19 (residence orders) — applicable if the victim is a woman.
- Indian Succession Act, 1925: Sections 30 and 32 (devolution of property by inheritance) — relevant for proving ownership.
Jurisdiction — Where to File the Case
For civil matters — permanent injunction suits are filed in the civil court (Junior Civil Judge or Senior Civil Judge) having territorial jurisdiction over where the property is located. Pecuniary jurisdiction depends on the property's value. For criminal complaints — file an FIR at the police station within whose jurisdiction the house is situated. If the police refuse to register an FIR, approach the Magistrate under Section 175(3) BNSS for a direct complaint. Jurisdiction matters because filing in the wrong court can delay your case or lead to dismissal — your advocate can confirm the correct forum based on your location and property value.
If You Are the Victim
- Do not vacate your house under any threat — your possession is your strongest legal right.
- Immediately collect and secure all ownership documents — title deed, will, succession certificate, tax receipts.
- File a written complaint at the nearest police station and get an acknowledgment (diary number).
- If you are a woman, approach the Magistrate under the Domestic Violence Act for a protection order and residence order.
- Consult a lawyer who handles both property disputes and criminal cases — this is a specialised intersection.
Documents You Must Keep Ready
- Identity proof (Aadhaar, PAN, Voter ID)
- Title deed or sale deed of the property
- Death certificate of the person from whom you inherited
- Will or succession certificate (if applicable)
- Property tax receipts and utility bills in your name
- Any written threats, WhatsApp messages, or call recordings (with proper preservation)
- Photographs or videos of trespass or damage to property
- Medical reports if there was any assault
What Evidence Is Required?
- Primary evidence: Original title deed, will, or succession certificate proving ownership.
- Documentary evidence: Property tax receipts, electricity bills, registered lease deeds (if any) showing your continuous possession.
- Secondary evidence: Certified copies of property records from the sub-registrar's office.
- Witness testimony: Neighbours or local residents who can confirm your residence and the threats you faced.
- Electronic evidence: Screenshots of messages, call recordings, CCTV footage — ensure they are legally admissible (with Section 65B certificate under the Indian Evidence Act, 1872 / BSA 2023).
- Police complaint copy: Acknowledgment of your FIR or complaint diary entry.
How Courts Typically Approach Such Cases
Civil courts in such cases act swiftly to preserve the status quo. Once you file a suit for permanent injunction with an application for temporary injunction (Order 39 CPC), the court typically issues notice to the other side and may grant an ex-parte injunction if there is urgency or threat of irreparable harm. The court's primary consideration is who is in actual physical possession and whether the petitioner has a prima facie case. The court rarely allows a person to be thrown out of their own home without a full trial. If DV Act proceedings are involved, the Magistrate can pass residence orders within 60 days.
Timeline of Legal Process
- Civil suit for injunction: Filing → summons to defendant (2-4 weeks) → temporary injunction hearing (1-2 months) → written statement (2-4 months) → issues framed (1 month) → evidence, arguments (6-12 months) → judgment (1-2 months). Total: 12-24 months for final order; interim relief can come in 2-6 weeks.
- Criminal complaint (DV Act): Filing before Magistrate → notice to respondent (2-4 weeks) → hearing and protection order (2-6 months).
- FIR and police investigation: FIR registration (same day) → investigation (usually 2-3 months) → chargesheet or closure report (within 60-90 days).
Understanding the Costs
The total cost of a matter like this varies significantly from one case to the next — it depends on the complexity of the dispute, the forum involved, the number of hearings, and the specific facts of your situation. There is no single fixed figure that applies to everyone.
A professional advocate can give you an accurate estimate only after reviewing all your facts and documents in a consultation.
Can the Matter Be Settled Out of Court?
Yes — particularly if the dispute is with a family member over property rights. Mediation is often encouraged in civil cases under Section 89 CPC. The court may refer the matter to a mediation centre. Lok Adalats also hear property disputes and can award compensation. For criminal components — if the offence is compoundable (criminal trespass under Section 310 BNS is compoundable with permission of court), a settlement deed can be filed. However, if there is a history of violence or threats, your advocate should assess whether settlement is safe. In Priya's case, mediation was attempted early but failed because Rohan refused to acknowledge Priya's ownership — so litigation became necessary. Settlement is advisable only when both parties genuinely agree and your safety is assured.
Common Mistakes People Make
- Vacating the house under threat: This weakens your possession claim. Never leave — even for a short time — unless you have a court order.
- Destroying evidence: Throwing away messages, recordings, or documents can destroy your case. Preserve everything.
- Engaging in confrontations: Physical fights or abusive arguments can be used against you in court. Stay calm and file complaints.
- Signing documents without reading: Some family members may trick you into signing a relinquishment deed or settlement. Never sign under pressure.
- Posting on social media about the dispute: Screenshots can be used as evidence against you. Keep the matter private until resolved.
- Engaging a lawyer without domain experience: This is critical — a general practitioner may not know how to seek urgent injunction orders or how criminal and civil remedies interact in these cases. An advocate who regularly handles property disputes with family conflict elements will move faster and avoid procedural pitfalls.
FAQs People Normally Have
Can I get the police to remove the person from my house immediately?
The police cannot forcibly evict someone claiming a right to the property without a court order. However, if there is a criminal trespass or threat of violence, the police can intervene to maintain peace and may register an FIR. For eviction, you need a civil court injunction or possession order.
What if the other person has a fake will or document claiming ownership?
This is a common tactic. In such cases, you must file a civil suit for declaration of title and permanent injunction. The court will examine the authenticity of the document. You can also get the document impounded for forgery — a criminal complaint under Section 336 (forgery) BNS is possible.
How long does it take to get an interim injunction from court?
If you file an urgent application, courts can pass ex-parte orders within 2-4 weeks — sometimes even on the first date if the threat is imminent. Your lawyer must apply for urgent hearing.
Can a male victim file a case under the Domestic Violence Act?
No — the Protection of Women from Domestic Violence Act, 2005 is only available to women. A male victim must rely on criminal laws (BNS) and civil remedies (injunction suits, property suits).
Do I need to pay court fees upfront?
Yes — court fees must be paid at the time of filing the suit or petition. The amount depends on the relief sought and property value. For injunction suits, it is typically a percentage of the property's market value.
This article is general legal information, not legal advice. Consult a qualified advocate about your specific situation.
Advocate Sudhir Rao, Supreme Court of India