My brother and I jointly own our flat. He’s going through a divorce, and his wife, who has the keys, entered the flat without our permission. We changed the outer lock, but she broke it open with the help of some neighbors and made a police report without my consent. The police won’t help, saying it’s a civil matter. What legal action can we take against her and the neighbors?

Apni Law
Apni Law
Law Forum › Category: Family › My brother and I jointly own our flat. He’s going through a divorce, and his wife, who has the keys, entered the flat without our permission. We changed the outer lock, but she broke it open with the help of some neighbors and made a police report without my consent. The police won’t help, saying it’s a civil matter. What legal action can we take against her and the neighbors?
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Apni Law Staff asked 7 days ago

My brother and I jointly own our flat. He’s going through a divorce, and his wife, who has the keys, entered the flat without our permission. We changed the outer lock, but she broke it open with the help of some neighbors and made a police report without my consent. The police won’t help, saying it’s a civil matter. What legal action can we take against her and the neighbors?

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Best Answer

Apni Law Staff answered 7 days ago

Since you and your brother are joint owners, you have the right to exclude others from the flat. Her forceful entry and damage to the lock are actionable under Indian law, and you can file a civil suit for trespass, property damage, and restraining order against her. The neighbors who aided her may also be liable for assisting in trespass.

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