• Illegal encroachment in Land

Local muslim body encroached in the land with board. But for the same land a legal battle is going on between the owner of the land and state government in honourable High court for title of ownership. Third party is alleged to be a pawn of government. How to deal with this situation?
Asked 14 days ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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5 Answers

You can seek relief from pending high court matter after stating above facts on record 

Prashant Nayak
Advocate, Mumbai
31954 Answers
180 Consultations

4.1 on 5.0

Dear Client,

Your advocate can draft a cease and desist letter addressed to the local Muslim body and any other parties involved in the encroachment. This letter demands that they immediately stop their activities on the disputed land and vacate the premises. It also serves as documentation of your intent to protect your property rights. If the encroachment persists despite the cease and desist letter, you can file a case against the encroaching party in civil court. This case would seek remedies such as an injunction to stop the encroachment, damages for any harm caused to your property, and possibly eviction of the encroaching party.

Anik Miu
Advocate, Bangalore
8918 Answers
110 Consultations

4.7 on 5.0

As you have said that there is already case is going on in this regard, you may have to wait for the disposal.

This is a dispute between the land owner and the state government hence any opinion given to the matter which is subjudice, would be a misleading one. 

T Kalaiselvan
Advocate, Vellore
84975 Answers
2204 Consultations

5.0 on 5.0

Owner should file police complaint t of criminal trespass against encroacher under section 447 of IPC 

 

2)file suit for eviction against encroacher 

Ajay Sethi
Advocate, Mumbai
94774 Answers
7543 Consultations

5.0 on 5.0

- Since, the said matter is pending before the High Court, then any encroachment in the said land will be considered as an offence , even the encroacher is a pawn of government

- You can lodge a complaint before the police and higher official against that local body , and if no action then you can move an application before the same court in High Court for passing a restraining order...

Mohammed Shahzad
Advocate, Delhi
13260 Answers
198 Consultations

5.0 on 5.0

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