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Can I confiscate goods left behind by trespassers in my property? Also, police has not taken any st


07-Jul-2023 (In Civil Law)
My neighbours tried to cover my shaft opening despite my explicit refusal for the same. They trespassed on my roof and transported metal pipes, angles and other building materials with them. As soon as I came to know about this, I complained about it and they ran away, leaving all their material and equipments on my roof. Can I confiscate the material they left behind and use the proceeds from selling it for my profit? Or will I have to give these things back to them? Thanks in advance!
Answers (5)

Answer #1
889 votes
You can’t just directly sell them off. He/she can charge you with theft. You have to give him/her a legal notice and tell them either remove your things within the stipulated time or I will confiscate the materials. You can also forward the same to the police station of your area. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

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Answer #2
867 votes
Hi, Based on your query it may be wise to lodge an FIR with the police, have them inspect the goods and gather/seize the goods as evidence of trespass. Without that there is no justifiable reason for you to take possession of the goods as your neighbours may approach the police accusing you of stealing their goods. Please fee free to contact me for any further assistance
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Advocate Kunal Srivastava

Adv. Kunal Srivastava

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Answer #3
852 votes
1. you must immediately inform the police about the incident. 2. once police arrives you can make a list of the items left behind by the trespassers. 3. store the items at a safe place. 4. wait for a reasonable amout of time for neighbours to pick up their items. 5. you can even claim reasonable compensation for your efforts. 6. if nobody comes forward to claim, then you can sell these goods and keep the proceeds.
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Advocate Kunal Seth

Adv. Kunal Seth

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Answer #4
805 votes
No. you donot have any right nor has any right to hold such properties. if the goods would later be found stolen nature then it would invite both civil and criminal action against you. you should report the police and should leave and handover the same to police.
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Advocate Siddharth Srivastava

Adv. Siddharth Srivastava

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Answer #5
934 votes
In that case if the trespassers do not get back or talk to you regarding the said material in a reasonable time period then you can do so. However, that doesn't give you the ownership on that material, but when the trespassers don't return to find their left behind material in reasonable time then you can do so.
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Advocate Sujeet Notwal

Adv. Sujeet Notwal

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