Sorry, this lawyer can't accept your request, but you can request consultation with another lawyer
  • Land encroachment issue

Hello Sir,
I am writing this query to enquire about what steps we should take to prevent my neighbors who actually are my uncles from encroaching our land. So, my family comprising me ,my younger brother and my parents belong to calcutta and we own a land there which is under my parent's name. Both my parents were working and so we had to stay away from kolkata for a long time. But after they retired they planned to reside at kolkata and so my father build a house there on our land. But unfortunately my elderly parents are facing a lot of issues there from my uncles since they started staying there for a year. both me and my brother are employed abroad and so we are really worried about our parents safety. so the issue is that my uncles have encroached upon a part of our land by creating a kutcha drainage system on our land instead of creating a line with municipality high drain wihch is just a few meters away from there house. My parents have tried complaining about it to the municipality councillor as well as to the chairman but they havent really done much because of the influence of my uncles family in that area. the drain has been creating a lot of nuisance for my parents and specially in the monsoon season because of the drain overflow they had snakes in their house. when my father opposed them from deepening the drain further he was beaten up by my uncle's sons. So, he went to compalint to the police and because he went to the police my cousins disconnected all our water supply lines. the councillor and the chairman hasn't been of much help. me and my brother are really worried about our parent's safety. my father doesnt want to lodge a criminal case against them because they might come out of the jail and take revenge on my parents and even me or my brother wont be available to take care of them. any suggestion in this matter would be of great helo.
Asked 8 years ago in Property Law
Religion: Hindu

First answer received in 30 minutes.

Lawyers are available now to answer your questions.

3 Answers

1) your parents have to lodge police complaint against his brothers for criminal intimidation under section 506 of IPC and for criminal trespass under section 441 of IPC

2) if police refuse to register FIR file privately complaint before magistrate under section 156(3) of crpc to direct police to investigate and submit report

3) also file suit and seek orders for removal of encroachment done on his property

Ajay Sethi
Advocate, Mumbai
99779 Answers
8145 Consultations

You cannot remain silent on this. You have to take legal action against all those culprits who are creating trouble and nuisance to you.

Your father has to file a suit for bare injunction restraining them from interfering in our faker's possession and enjoyment of the property and also to retrieve possession of the encroached property.

The police action or the local civic body's help cannot be expected always.

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

1. if your uncle and/or his sons act criminally against your parents, then they shall have to take criminal action against them to safeguard themselves and also for securing justice. If they are sent to jal, they will be more afraid to act illegally against your parents rather than thinking of taking revenge on them.

2. Ask your parents to ask for measurement of your land by a surveyor/Amin from the local BLRO office

3. Once your father's land is measured and marked by the surveyor/Amin and the measurement is recorded, your father can lodge a police complaint against your uncle for encroaching in to his land.

4. If police fails to or refuses to act, he should file a Writ Petition against police inaction seeking relief.

Krishna Kishore Ganguly
Advocate, Kolkata
27703 Answers
726 Consultations

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer