• Neighbour claiming have seri

Hi anyone can help me here, I am doing a construction, my neighbours claiming that between my land and his land have seri (gap 3 feet) space where in thier documents and my documents don't have any of this details and nothing is mentioned in our sales deed

In permission municipal corporation in1979 when they build thier house they attach thier walls to my walls and did construction

Now I have removed my walls and build for them inside thier walls now they want to open window on thier boundary walls and facing to my property

When I am not allow they coming fighting

When we calculate thier land facing they have 4 feet more space in width, they are not explaining this portion, illegally they took 4 feet land 

Now my lawyer saying I file the injunction case against them, by taking injunction orders what would be the consequences, and how much its cost to me get the injunction orders and eta thanks for advise
Asked 4 years ago in Property Law
Religion: Other

7 answers received in 1 day.

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7 Answers

Yes you can go for civil suit and seek injunction against them

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

Dear Client,

You can never know what would be the consequences of actions, for instance, if the facts speak you can file an injunction against and cost of this depends on your lawyer.

Thankyou

Anik Miu
Advocate, Bangalore
11060 Answers
125 Consultations

Legal fees vary depending upon lawyer engaged by you 

 

if they have taken your land request survey office to carry out survey of your land and if he has encroached seek orders for demolition of unauthorised construction done in your property 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

You can continue your work if no stay order is yea ted by courts 

 

it is doubtful court would grant your neighbour any stay 

Ajay Sethi
Advocate, Mumbai
99977 Answers
8160 Consultations

Yes once you have injunction you can do your work uninterrupted

Prashant Nayak
Advocate, Mumbai
34660 Answers
249 Consultations

You can file a suit for mandatory/permanent injunction against the intruding neighbor restraining him from interfering in your possession and enjoyment of your property besides to direct him to not to open the windows facing your property if he had not left set back space between two buildings. 

The fee and other issues can be discussed with your lawyer. 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

You can work even now but you may have to think about the problems he may create. 

If court grants you injunction then perhaps even you may not be  able to to ahead with your proposed construction work. 

If your neighbor decides to go against you through legal forum, you cannot restrict him from doing so. 

T Kalaiselvan
Advocate, Vellore
90179 Answers
2506 Consultations

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