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Neighbour is trying to occupy our private narrow road


14-Jul-2023 (In Civil Law)
My neighbour is trying to occupy the space on my narrow private road which is only given us according to the property documents, it is clearly mentioned that neighbour only can open their windows and nothing else but that phrase is written by hand? Can I take legal action against them in Delhi, India? Do we need witnesses if we file a case against them?
Answers (5)

Answer #1
517 votes
First, you should file a written complaint with the city’s superintendent of police (SP), where the property is located. In case the SP fails to acknowledge the complaint, a personal complaint in the court concerned can be filed. You could also file a police complaint about the same. Keep a copy of the FIR safe for future references. The authorities will be obliged to take action under Section 145 of the Code of Criminal Procedure (CRPC). You could seek relief under Sections 5 and 6 of the Specific Relief Act, under which a person dispossessed of his property may recover his right, by proving previous possession and subsequent illegal dispossession.
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Advocate Kunal Seth

Adv. Kunal Seth

LawRato Delhi | 700+ Answers
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Answer #2
992 votes
yes you can file suit against them in the court of law for the same... file this document in the court of law for proving the same... if u have witnesses it will be added advantage to you .. I hope 8t helps you
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Advocate Rohit Manan

Adv. Rohit Manan

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Answer #3
546 votes
First of all write down your grievances on paper and forward it to the police station of your area. This will be helpful just in case your neighbour do anything nasty. Or you can also serve him/her a legal notice to stop any kind of illegal occupying. For more legal assistance I am just a call away.
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Advocate Jitender Singh

Adv. Jitender Singh

LawRatoDelhi | 1000+ Answers
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Answer #4
842 votes
If that is a private road and the neighbour doesn't seems to have any right of easement on the road corroborated through a document( in writing) then yes, you can take legal action as it amounts to tortuous act. serving him a legal notice and warranting him to stop all those acts will be a good legal recourse for that.
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Advocate Yuganshu Sharma

Adv. Yuganshu Sharma

LawRatoDelhi | 700+ Answers
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Answer #5
625 votes
I would recommend you to click pictures and videos of the narrow passage according to the current situation and whenever they try to encroach please click the images of them …. Thenceforth you have to hire an advocate to issue them a legal notice and to frame complaint which needs to be forwarded to the concerned MCD and …. if that doesn't work then we have to file suit for injunction to the concerned court that should direct these people to remove any kind of encroachment …please be in touch with us thank you
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Advocate D. Khan

Adv. D. Khan

LawRatoDelhi | 1000+ Answers
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