• 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

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.

Ravi Shinde
Advocate, Hyderabad
4041 Answers
42 Consultations

5.0 on 5.0

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,.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

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 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

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

 

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

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.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

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. 

Mohammed Shahzad
Advocate, Delhi
13199 Answers
197 Consultations

5.0 on 5.0

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 

 

Ajay Sethi
Advocate, Mumbai
94655 Answers
7523 Consultations

5.0 on 5.0

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.

T Kalaiselvan
Advocate, Vellore
84852 Answers
2188 Consultations

5.0 on 5.0

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

Prashant Nayak
Advocate, Mumbai
31908 Answers
179 Consultations

4.1 on 5.0

Please be guided by my earlier advice.

Swaminathan Neelakantan
Advocate, Coimbatore
2790 Answers
20 Consultations

4.9 on 5.0

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

Anik Miu
Advocate, Bangalore
8826 Answers
110 Consultations

4.7 on 5.0

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