• Force fully closed a farming land and planning to capture my legal land

Dear Sir/ Ma'am,

I am Deepak working in Delhi , my father got retired just few years ago and shifted to village at Fatehpur up.

There is a farming land near by village has been closed force fully, for this my father ran so many times to Police but they did not helped then he made a request application to SDM Khaga Fatehpur, then police came and opened the way in mean while that person tried to make a trick he sent his family girls to fight my father's brother's Son. but this happened in presence of police so could not make it proper.

Now he again started to capture and planning to make a fighting environment to make case against us.
We don't know what to do, that is a village aria and neither police nor other will help, my father is 65 years old and I am here struggling for my future and career in Delhi , 

That person know that my father is old and not able run anymore for these law process and I am so far from my family if I involve into this I will have to leave my job. then they can do what ever they wish.

What should I do? How can I manage this situation 

Please help..
Asked 4 years ago in Property Law
Religion: Hindu

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13 Answers

Firslty, Sir, please do not get worry about anything as to that you may have to be in court all the time.

Secondly, this is the civil dispute where presence of the party is not necessary they can only be represented by their lawyer also.

Thirdly, I advice you please file a case for permanent plus temporary injunction before the civil court as soon as possible with all supporting requests documents which you made to the concerned authorities.

Fourhtly, you will surely get the injunction order on the face of it, then let it pe pending before the court as they can’t son anything till the disposal of the case/suit.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

1) install CCTV cameras on land

2) take photographs of land as it is

3) if it is forcibly fenced then file suit seek court orders to demolish unauthoirsed fencing done on land

4) rely upon earlier complaints made and action taken against the culprits

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Better file injunction suit than court will pass prohibition order not to interfere with your peaceful possession and any violation of injunction order will initiate contempt.

Or file criminal complain through court for criminal trespass and threat, than police is bound to proceed.

Also complain to SP office for police inaction on your complain.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir firstly give a application before the collector and SDM about the ongoing scenerio and ask them to restrict the said person as he can cause harm to person and property, they shall take steps.

Further file a application for permanent injunction against that person along his family members for entering your farm land and premises.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A landowner has the general property right to exclude others from his land. Some say the right to exclude others is what makes something private property. ... A trespass is an intentional, wrongful entry onto another person's land, without the owner's permission and without a legal privilege to do so.

You can also file a case u/s 441 IPC for criminal tresspass which is a cognizable offence.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Hello,

Please understand that nothing much can be done without the intervention of the court.

File a suit for injunction in the court, appoint some one as the POA who may run for you to the court.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You can write to district collector and SP of police about the atrocities and seek police protection against the risk to the lives of your parents.

Your father can file a mandatory injunction suit seeking to restrain them from interfering in the possession and enjoyment of the property by your father.

This would be besides the complaint given to police.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Police would record your statement

2) conduct investigations and file charge sheet or closure report

3) apply for and obtain bail

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

When SDM order if there, why worry. Show them. matter over.

And police agree or not dosen`t matter, in police station RJANAAMCHA - details must be in it where police at the time of demolition.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If the police is not willing to record your statement in this regard and are bent on going ahead with the complaint by registering the FIR, you may challenge them in the court of law during the trial proceedings on the basis of documentary evidences and merits in your side.

The police cannot be roped in as witness at this stage, you can make it as an averment during deposition of evidence at the time of trial.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Take part in the investigation.

If FIR is filed then challenge the same before HC on the ground that the same has been filed for wreaking vengeance

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Sir the police shall investigate the matter then proceed in case FIR is registered file for quashing of the same further produce the order of SDM for toilet. Further since if there is no truth in the complaint police shall reject the same.

You go ahead with your case the opposite party is just trying you to take you away from filing case,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) You can file case against them as per The Indian Easement Act, Easement and Encroachment.

a) The land for the beneficial enjoyment of which the right exists is called the dominant ..... Where the dominant heritage is transferred or devolves, by act of parties or by ..... Illustration A has, as annexed to his house, rights of way from the high road .... But see section 36, infra, as to abatement of obstruction of easement. 6.

b) Encroachment happens when you leave your property unattended ... Or you own a plot in the adjoining town and when you went to see your plot after a long time, ... Trespass of property or land is an act in which a person without any ... As per the section, if any unauthorised person enters upon the property.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

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