File a criminal complaint under Section 442 of trespassing in to your land in the Court of Magistrate to start with producing proof of ownership. It is a criminal offence. Submit a written complaint to panchayat, as he does not have title document, he has not obtained permission for construction of toilet. After this does not work, you can approach civil seeking permanent injunction against him.
Illegal construction
We have constructed compound wall and have left some space outside compound because of Vastu reasons.My neighbour is claiming that place and have built toilet and the local panchayat are supporting my neighbour.I would like to know what legal remedies I have. 1)Whether Filing an RTI to get the land records/maps and clear boundaries of my property and my neighbours property would be helpful? 2) Some lawyers are suggesting that as we already have compound built for more than 20 years and now we are claiming the ownership of the piece of land which is outside our compound may not work out legally in our favour 3) Other Lawyers are suggesting that we can file injunction order and stop the neighbour from using our property.What is the best course of action?
Asked 1 year ago in Property Law
Religion: Hindu
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11 Answers
1. If the space in which the neighbor has constructed the toilet belongs to you as per the registered sale deed on your name, then you can file a suit for mandatory injunction to remove / demolish the said structure that has been built illegally in your proeprty and seek possession of the same.
2. If the property has been illegally encroached by your neighbor around 12 years ago then he may claim title perfecting the law of adverse possession, you may ascertain the details before filing the suit.
3. You can go through the answer given in the first above,.
File declaratory suit that you are absolute owner of property and seek injunction restraining neighbour from using your property
2) also file poluce complaint of criminal trespass against neighbour under section 441 of IPC
1. Yes
2. If it's legitimately belongs to you then you can claim the same
3. Yes injunction by filing suit can be done
1) You may do so, but, you may get the necessary revenue records even without applying under the RTI.
2) You may very well establish your title and ownership over the parcel of land lying outside your compound wall on the strength of documents in your possession. The burden of proving adverse possession shall lie squarely upon your neighbour.
3) Yes, it is better to file a suit and obtain an injunction against your neighbour to safeguard your interests.
1. Since, the said space is under your ownership then the acts of neighbor is against the law and a compliant can be filed against him for the offence of trespassing and breach of trust.
- You should check your ownership documents for knowing the details of the said land.
2. Further , you also file Mandatory and Permanent Injunction suit before the civil judge to remove him from the said space and to restrained him from interfering and trespassing in your property.
Please read the facts of the case which is already mentioned.As a follow-up I am adding these extra information.While collecting the land tax they have collected on the basis of the compound measurement and not based on our actual land measurement.So as per land tax records the land we own will be restricted to our compound area but as per original sale deed we do posses land outside the compound and had left that space for vaastu reasons. Panchayat is refusing to do a survey and they are mentioning very cumbersome procedures to get the survey done.Also my neighbour is showing some false bond paper in proof of that piece of land belongs to them. If I file for injunction then whether the legal costs can be recovered from other party? How to prove my ownership of land outside my compound? What are all the records I can show? As Panchayat is indirectly supporting my neighbour can I make the panchayat members a party to the case? As the other person has built the toilet in my place then the onus of proof of land ownership lies on whom? As suggested here that I can file criminal complaint under Section 442 but I read some case laws and it says 442 is applicable to place of living and here the disputed property is outside my compound.Also my lawyer is saying as we have compound which means we have in a way agreed that our property is restricted to the area with in the compound and we may loose the case in the court.The police is saying its civil matter and cant interfere.This property is in Kolar and looking for help to file RTI to get all the land records/maps as panchayat is not being very cooperative.Please suggest.My lawyer says I need to file stay and injunction and I cant understand where is the question of stay as there is no pending case or orders.Is there any links I can go through to understand the legal provisions.As this property in Kolar-Karnataka so any laws specially applicable to Karnataka please let me know.Also RTI filing help needed.
Asked 1 year ago
I’f you succeed then only legal costs have to be paid by other party
Court does not award actual costs but only nominal costs
3) original sale deed would show area of land owned by you
4) you enclose documentary evidence that you are owner of land then defendant has to prove he is owner of said land
If your documents show that the encroached property belongs to you, then you may better file a suit for mandatory injunction against the neighbour seeking to remove his encroachment and possession.
In case of the dispute decision is in your favour, the court may pass an order to pay the litigation cost to you.
You can file criminal case as stated aforesaid.
Costs can be prayed and same is awarded by court on merits.
RTI can also be filed for getting information if any
Please be guided by my earlier advice.
Dear client I am sorry to hear that but in this case you can approach in your but police station and file against against them
