• My neighbour had allegedly filed IPC 107 against me about land dispute

I had received a notice from court (Issued by SDM) that my neighbor had filed IPC 107 against me on the basis of land dispute. Background is that I had registered one property on Dec 2018 from the land owner where I got LPC from block saying that this property is not registered to anyone and can be registered and we had applied for the mutation, which is still in process. My neighbor had done agreement for the same property with other family member of owner in 2003 and he had notarized that agreement.He never registered that land property. On the basis of this agreement he is trying to take a position on that land property. Now what should I do. Shall I reply back with IPC 182 and 211 to force that it is false allegation on me. Need your advice on this please.
Asked 5 years ago in Criminal Law
Religion: Hindu

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19 Answers

See firstly you need to present before the SDM court and case in my view is of crpc 107 and not ipc 107 .

You can file a reply before the SDM before the concerned documents the cross FIR of false case will not be taken at this stage.

The 107 orders are interim if you prove the possession and ownership SDM shall reject his application.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Yes you file a Complaint for the same but you can do it only after your trial or once you discharge or acquitted. Also file 340 crpc application in the same court in the said case filed against you for misusing the Provisions of law

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

The agreement with another member of the family was not registered. Moreover, if there are multiple owners/shareholders then have you obtained the noc from other?I am assuming that you have done so. In that case file a complaint in the sections which you have mentioned and the the appropriate authority would take action if it finds merit in the case.

Regards 

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

1. Well, sale agreement alone does not create any interest in the property in favour of the buyer.

2. Now since you have the title deed and possession over the property, you have better title in it.

3. The order in the 107 crpc proceeding is not represented here.

4 Since you have sale deed in your name and this is primarily a civil dispute you can file a quashing petition in high court against this proceeding before SDM.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

1)once registered sale deed has been executed you are absolute owner of the property

 

2) neighbour only has notarised agreement executed in his favour . he ought to have file suit for specific performance to direct seller to execute regd sale  deed in his favour 

 

3)section 107 cr pc essentially and exclusively a preventive section which requires and empowers an Executive Magistrate to exercise power requiring a person or group of persons to execute a bond for keeping the peace for a period not exceeding one year or for a shorter period as the Magistrate thinks fit. The Executive Magistrate trying cases under this section may invoke provisions and can exercise powers either on his own motion or on receipt of a complaint whereupon on being primarily satisfied that there is possibility of a breach of the peace and the public tranquility in an area falling within his jurisdiction may issue notice to the person or to a group of persons complained against asking him or them to show cause as to why he or they should not be ordered to execute a bond for keeping the peace for a given period not exceeding one year.


Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

1.Section 107 of IPC deals with Abetment. 

2.You should contest the case on merits and apply immediately injunction order. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

Dear Client,

Sec 107 is abetment doing illegal act and has nothing to do with land dispute which is purely civil in nature and SDM has no jurisdiction to entertain such dispute.

Appear before SDM first, check the allegations.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1. Property is not registerd by the deed of conveyance  or its agreement is registered.

 

2. In your case it is not clear as to what document has been registered and if it is a sale deed then on what ground you have claimed to be the vendor of the land being its title holder?  From where did you derive the title of the said land?

 

2. If you have the valid title of the said land then you can contest the case filed by your nrighbour and also coubnter his case by lodging/filing complaint/case against him as per the sctions mentioned by you in your query.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

Section 107 is a substantive provision which defines Abetment. The sections which follow it lay down punishments to be inflicted for causing abetment. The principle of shared responsibility is applicable in the cases of abetment where abettor is equally liable for the acts of person abetted. This has been expressed in following provisions of IPC which makes it clear that should the degree of crime done by the person abetted is equal to the intended level of abettor, the latter too has same liability. 

Have you received a notice from the SDM in this regard, if so then you give a suitable reply denying all the allegations. You dont have to quote any provision of law in your reply.

You can deny the allegations and contest the case properly on the basis of documentary evidences in your possession nd on merits of the case.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

Dear Sir,

 It is a petty case and SDM has limited powers.  It is better to appear before SDM along with local advocate.  Such proceedings will be initiated on the report of the police saying that there is law and order problem in respect of disputed land.  You will be asked to enter into a bond to maintain peace for next 6 months and you will released otherwise there are chances of arresting you. But the SDM cannot remand you to judicial custody.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

See you need to first deny all the allegation then further state true facts along with the supporting documents further stating no such threat or words were.exchanged the first party is just abusing process of law. Further it has to be replied as per facts and circumstances.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

you should engage a local lawyer and file detailed reply denying allegations made in complaint filed by neighbour 

 

 

2) mention that you had registered one property on Dec 2018 from the land owner where you got LPC from block saying that this property is not registered to anyone and can be registered and you had applied for the mutation



3) that neighbour has no registered sale deed but only notarised agreement ,

4) that he does not have clear and marketable title to property

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

Dwny the allegations which are false and reply with the true facts you have. File cogent evidence with the same on record

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

1. Section 107 of IPC is concerned with abetment of a crime. Your neighbour should have filed a petition u/s144 of  Cr.P.C. and availed a sray order on your trespassing in to his land.

 

2. You nshall have to contest the case establishing that you are in no way connected to any breach of peace in your said area.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

You deny the allegations point to point as false if you are required to give a counter or written statement.

You may take the assistance of an advocate in the local.

 

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

See take photograph of the place and file same before SDO for reinvestigation and  appointment of court commissioner for report.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

enclose photographs in your affidavit of construction done on the site 

 

seek appointment of commissioner for carrying out inspection and submitting report 

Ajay Sethi
Advocate, Mumbai
94520 Answers
7485 Consultations

5.0 on 5.0

You can go to appeallate court and inform the same and get stay

Prashant Nayak
Advocate, Mumbai
31805 Answers
175 Consultations

4.1 on 5.0

1. Making a bamboo house does not come under the term construction.

 

2. So, the police used this legal loophole and mentioned that there is no construction cleverly suppressing the fact of making the bamboo house.

 

3. You can file a petition u/s144 of Cr.P.C. and on the day of its expiry can file an application for converting the said 144 order to an order u/s145 o0f Cr.P.C.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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