My neighbour broke my boundary wall quoting that it has been built on a common space. But my house deed papers have clearly marked that I have built the wall on my premises or space. My neighbour also got a sec 144 iissued by his lawyer. But it is not a common space to what our paper and measurement says. My neighbour is false. NOW I want to know the following 1. As i have my house deed papers where its clearly shows measurements/markings of my space / premises and so i can construct my boundary wall HOW TO TAKE HELP OF LAW OR POLICE AND WHAT ARE THE LEGAL NECCESSARY STEPS TO BE TAKEN LAWFULLY ?? How much time the court takes to issue me orders to reconstruct my own wall on my same premises?? 2. DO i need to have any other court order for police protection as we fear when I will start reconstructing my boundary wall they may attack us 3. The house is in the name of my mother and she is suffering from old age illness. So can she issue Authority powers to her son for attending the courts and doing signatures on her behalf and also attend the construction work and proceedings ??
Firstly, you file a case for permanent injunction on your neighbours to not to interrupt you further.
Secondly, you can't build it now as there has been a dispute on it.
Thirdly and lastly, please request the judge in your suit to let you allow to construct it on the ground of its necessity otherwise it would be difficult to leave under the purview of insecurity or something like the same reason.
Good Luck...!
1. Since ti is a preprty dispute as regards its boundary then the filing of civilsuit in a civolcourtof law is a proepr remedy.
2.So file a civil suit for declaration and injujnction.in the said declaratory suit seek appointment of a Survey passed commissioner who on actual measurement of respective lands as per its respective deeds can submit a report.
3.So meet an advocate who practices in civil side and take this forward.
you file a civil suit against your neighbour for declaration that the disputed land is not a common space and he has no right to interfere of your enjoyment of the same. you will also claim damage against the neighbour for reconstructing the boundary wall.
you file the suit in the name of your mother as she is the owner represented by you.
File suit and seek court orders to restrain neighbour from creating any obstruction in construction of boundary wall
2) it may take a year or so to obtain court orders
3) seek orders to direct Police to provide protection in carrying on construction of boundary wall
4) mother can execute POA in your favour to attend courts , engage lawyers
Out-rightly file a suit for permanent injunction requesting the court to pass an order to the effect that the neighbours be directed to refrain themselves from further obstruction. The same will take time to get decided, till then as an interim measure request the court to give you police protection so that you may carry on the construction on your land.
Since the house is in the name of mother, the mother may give POA to some person for filing and fighting the case.
Regards
Hello sir , if you have relevant documents of the ownership , you can file a civil suit for declaration and permanent injuction , in order to restrain the neighbour from interfering in your posession over the property ..2) you can get a SPA executed by your mother , after which you can contest the case on her behalf .. Kindly share the document of your ownership for review
Seek an injunction restraining your neighbour from interfering with your peaceful possession over your house.
It is advisable that you obtain police protection before you start reconstructing your wall.
1. In these circumstances you can file a suit for recovery of damages against your neighbour to make him liable for the loss occasioned to you due to the demolition of the wall. Also seek permanent injunction against him to stop him from causing further damage to your property.
2. Aside of the civil remedies mentioned above, a criminal complaint for house trespass and mischief should also be filed against him.
3. Your mother can certainly execute a GPA in your favout to authorise you to file the civil suit and attend the court.
Dear Client,
File complain to police or to executive magistrate u/s 145 Cr.P.C.less expensive and easy - Read Below -
Ur mother can validly executed POA in ur favor.
145. Procedure where dispute concerning land or water is likely to cause breach of peace.—(1) Whenever an Executive Magistrate is satisfied from a report of a police officer or upon other information that a dispute likely to cause a breach of the peace exists concerning any land or water or the boundaries thereof, within his local jurisdiction, he shall make an order in writing, stating the grounds of his being so satisfied, and requiring the parties concerned in such dispute to attend his Court in person or by pleader, on a specified date and time, and to put in written statements of their respective claims as respects the fact of actual possession of the subject of dispute.
1. You have to file a mandatory injunction suit against your neighbor seeking to restrain him from interfering in the possession and enjoyment of your property and for damages he caused by demolishing your boundary wall.
2. You have to approach court seeking permission to reconstruct the demolished wall and also to appoint a commissioner to inspect and make a report about the claim by the neighbor and to confirm before you may reconstruct the wall.
3. Yes, she can authorise you by executing a power of attorney deed in your favor to conduct the case on her behalf.
