I have a registered sale deed on a property divided as 4 pieces, two in front, and two in back, one registered in favour of me and the other to the owner who sold the property. Common passage is 8 feet and 110 feet. House has been constrcuted and property taxes etc., being paid regularly. The owner fradulently ururped 30X8 feet and constructed a gate just beyond the entrance point say 3' and this deprived me of free common passage and access around the building for my usage. Also creating nuisance and using filthy language. Also 2x80 feet has been allowed to be used by the party to whom he sold the property reducing the passage further by 6' instead of 8'. I seek a draft FIR to take criminal action to seller to remove the encroached area out of common passage and remove the 2' allowed to be used by the party unlawfully (or) any chennai based lawyer to take it forward. I seek your opinion with draft complaint to be made to police and take the matter beyond to court of law for criminal action. Place is Chennai. Any further details needed I can be contacted in my email id [deleted] or in my cell phone [deleted]
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you need to file civil suit to direct seller to remove encroachment on common passage
also seek orders to set aside sale of part of common passage to third party
3) also file criminal case of criminal breach of trust against seller
4) you can engage any lawyer for drafting FIR
Thanks for your quick response. For complaint on criminal breach of trust to local police authorities will it be quicker and lawful to resolve the issue as police may have powers to direct the party to remove the structures and creating public nuisance. You have suggested both civil and criminal actions if my understanding is right. Whether criminal action will not solve the issue thru court order by punishing the criminal as per IPC and direct police to report compliance.
This appears to be civil matter and not a criminal offence.
If you have the rights given in your sale deed towards the pathway measuring 8 feet to 110 feet and found that the other neighbor/occupier has encroached a portion of it, you have to file a suit for mandatory injunction against him to direct him to remove the encroachment and to restrain him permanently from indulging in such activities in future.
The police may not come to your rescue stating that it is a civil matter even though they may accept your complaint and pretend to take action, but later on the police would discard the actions stating that it is civil matter and to be dealt by court alone.
So you better collect the evidences and file a suit for mandatory injunction for removal of structure put up in the encroached portion and consequential permanent injunction.
For your needs it is you who has to appraoch an advocate and not that an advocate will contact you for your needs.
Criminal cases take years to be disposed of
2) you should file civil suit too as mentioned herein above
The criminal complaint given to police may not be maintainable beyond certain point.
The police may not show interest in prosecuting the cae becasue it is a civil offence.
He has not approached your private property neither he has indulged into land grabbing offence.
He has encroached the public pathway which belongs to all the users of the complex.
Since your easement rights have been deprived you can file a suit for mandatory injunction to restore your easement rights to enable you to have proper ingress and egress as per the recitals of the registered sale deed in your name.
But that will not stop you from giving a police complaint for the nisance created by him obstructing your rights in the passage/public pathway.
Yes your understanding is correct. The matter will be tried in court first and then the punishment if any will be decided
Dear client, I am sorry to hear that but in this case you may file an FIR against them to your nearby police station.
