If you are stuck in such a situation, here is what to do.
A complex situation arose in Alipur concerning a family property dispute. A couple passed away without leaving a will, making their two daughters, Mrs. Sunita and Mrs. Kavita, the sole legal heirs to their properties. As the properties remained undivided, Mrs. Sunita initiated a partition suit in the civil court to formally divide the assets.
During the pendency of this suit, an issue emerged with a tenant residing in one of the inherited houses. The tenant, allegedly with the permission of Mrs. Kavita, changed the locks of the house overnight. This was done without informing or seeking the consent of Mrs. Sunita, the other co-owner. This act is part of a larger pattern, as Mrs. Kavita had previously taken exclusive possession of other portions of the joint property in a similar manner, even installing surveillance cameras to assert her control.
This raises critical legal questions about the rights of co-owners, the legality of a tenant’s actions under the instruction of only one heir, and the potential for this to be considered criminal trespass or illegal possession, especially when a partition suit is already underway.
Advice in such cases
Document Everything: Immediately take photographs and videos of the changed locks. If possible, get a written statement from a neutral witness who saw the original locks and can attest to the change.
Do Not Use Force: Avoid any confrontation or attempting to break the new locks yourself. This could lead to counter-allegations of trespass or creating a public nuisance against you.
Inform the Court: The most crucial step is to inform the court where the partition suit is pending. This can be done by filing an application for an injunction to restrain the other co-owner and the tenant from interfering with your possession and rights.
File a Police Complaint: You can file a complaint at the local police station for criminal trespass and mischief against the tenant and the colluding co-owner.
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
In such disputes, several provisions of Indian law are relevant, particularly under the new criminal codes:
Section 328 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section deals with criminal trespass. Entering a property in the possession of another with the intent to commit an offence or to intimidate, insult, or annoy the person in possession is a criminal act. The tenant’s action, especially when it ousts a co-owner, can fall under this section.
Section 325 of the Bharatiya Nyaya Sanhita, 2023 (BNS): This section defines mischief. Changing the locks causes wrongful loss to the other co-owner by denying them access to their property, which constitutes mischief.
The Partition Act, 1893 & The Code of Civil Procedure, 1908: The ongoing partition suit is governed by these laws. The court has the power to pass interim orders, such as injunctions, to preserve the property and ensure that no party takes unfair advantage while the case is being decided. The act of changing locks is a direct attempt to undermine the status quo that the court seeks to maintain.
Principles of Co-ownership: Under property law, every co-owner has the right to possess and enjoy the entire property. One co-owner cannot oust another or make material changes (like changing locks) to the property without the consent of all other co-owners.
If you are the complainant
If you are the co-owner who has been wrongfully excluded (like Mrs. Sunita):
File an Injunction Application: Your first and most effective step is to have your lawyer file an urgent application in the pending partition suit. Seek a mandatory injunction directing the tenant and the other co-owner to restore the old locks or provide you with a key, and a prohibitory injunction preventing them from creating any further obstructions.
Initiate Criminal Proceedings: File a written complaint at the local police station detailing the incident of trespass and mischief. Name both the tenant and the colluding co-owner. If the police are hesitant to file an FIR, you can file a private complaint before the Magistrate under Section 221 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
Send a Legal Notice: Your lawyer can also send a formal legal notice to the tenant, informing them that their action is illegal and that they are liable for legal action. This puts them on notice and can sometimes lead to a quicker resolution.
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
If you are the tenant caught in the middle of a dispute between co-owners:
Understand Your Position: Your primary legal relationship is with the landlord(s) as a whole, not just one co-owner. Taking instructions from one co-owner that are detrimental to another puts you in a legally vulnerable position.
Avoid Taking Sides: Do not get involved in the owners’ internal disputes. Changing locks at the behest of one co-owner makes you a party to their dispute and exposes you to legal action for trespass and mischief.
Seek Clarity: If you receive conflicting instructions, it is best to seek written clarification from all co-owners or abide by the terms of your original rental agreement until a court order directs otherwise.
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 often view property disputes between family members as civil in nature. When you approach them with a complaint about locks being changed, their initial response might be to direct you to the civil court, especially since a partition suit is already pending. They are generally reluctant to file an FIR unless there is a clear breach of peace, violence, or a direct violation of a court order. However, if you present a well-drafted complaint citing specific criminal sections like trespass (BNS 328) and mischief (BNS 325), and emphasize that you have been wrongfully ousted from your property, they are more likely to take action. Persistence and legal guidance are key in getting the police to register a case.
FAQs people normally have
Is it legal for a tenant to change the locks of a disputed, jointly inherited property with consent from only one legal heir?
No, it is not legal. A tenant cannot legally change the locks without the consent of all co-owners. Each co-owner has a right to access the property. By changing the locks, the tenant, in collusion with one co-owner, is illegally ousting the other co-owner, which is a violation of their property rights.
Could this be considered illegal possession, trespassing, or tampering with estate property?
Yes. From the perspective of the excluded co-owner, the act of changing locks constitutes criminal trespass under BNS Section 328. It is also an act of mischief under BNS Section 325. It is a clear attempt to establish illegal and exclusive possession by one co-owner, which is not permissible in law until the property is formally partitioned by the court.
What legal recourse can we take against the tenant and/or my aunt for this action?
The primary legal recourses are twofold: first, file an application for an injunction in the pending partition suit to get immediate relief from the civil court; and second, file a criminal complaint with the police for trespass and mischief against both the tenant and the colluding co-owner.
What evidence is required?
To build a strong case, you will need the following evidence:
Title documents proving joint ownership of the property.
A copy of the plaint from the pending partition suit to show the matter is sub-judice.
Photographic or video evidence of the newly installed locks.
Any messages, emails, or recordings of conversations with the tenant or the other co-owner regarding the incident.
Statements from neighbours or other witnesses who can confirm the previous state of the property and the subsequent change of locks.
A copy of the police complaint filed.
How long will the investigation take?
A police investigation into a criminal complaint for trespass can take several weeks or months. However, the more immediate and effective remedy is through the civil court. An application for an interim injunction can be heard by the court on an urgent basis, often within a few days or weeks of filing. The court can pass an order to restore the status quo (i.e., give you access) relatively quickly while the main partition suit continues.
Advocate Sudhir Rao, Supreme Court of India