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Neighbour claim that I have encroached land and threatening old parent
07-Jan-2023 (In Property Law)
I have a property on my name, a house constructed on it, and whole area wire fenced for last 30 years. Neighbor behind my house claims that I have encroached his plot by about 1 meter. However, he failed to show the demarcation certificate of his plot when requested. Instead he threatened my old parents (I am an NRI) that he will bulldoze the encroached part if us that if we do not take it away by ourselves and free his land. He also used abusive language. I know this person for last 15 years. he just want to harass my family on the issues unknown to me. Will it be proper to send him a notice that he should show a demarcation certificate first and if there is any encroachment (which is none) we will remove the construction on our cost. What will be the best way to deal with this situation? 1. I do not wish to bring a "government mojani" for a fact that I would have to pay the cost for total 80 plots in the layout. Plot wise demarcation was never done in my layout.
Since the property is in your name, a house is constructed on it and you have been in continuous possession of it for 30 years then by law your are legally the owner of that plot of land. Even if your neighbour wants to claim a part of your land, he cannot do so, because you have earned the right of easement as well over his alleged "part" of your land. So in law you hold the upper hand and nobody can dispossess you from that land. If he does threaten with harm to your family's lives then you should advise your parents to file an FIR against the neighbour for harassing senior citizens. If you wish to amicably settle the dispute then you can call for the joint measurement of the land by the hands of the Tehsildar. If things take a turn for the worse you can always file a suit in court and claim what is legally yours.
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Adv. Gowaal Padavi
Mumbai | 500+ Answers
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What legal action can be taken against encroachment?
Land encroachment: How to legally handle it
You can seek an injunction by filing a complaint against the encroacher based on Order 39, Rules 1, and 2 of Act. The court will review the application, and the encroacher may be required to respond. 18-Jan-2023
What is the law of encroachment on property?
In India, Section 441 of Indian Penal Code 1860 deals with property and land invasion. Encroachment is defined as when someone illegally enters another persons property or land. The IPC section 441 also covers trespassing on private property.
How can we protect land from encroachment?
Build a simple boundary wall around the plot. Post a sign stating that you own the plot. This will alert others. Video surveillance systems can increase your sense of security and safety. Smartphones allow you to monitor trespassers. 03-Dec-2022
How do I write an encroachment notice?
Explain the situation. State that you own a property at a particular location and ask for the removal of any illegal structures. In your letter, emphasize how the structure affects your enjoyment and use of your property.
1. Firstly , You write a written complaint for his threat & using abusive language and gave to the nearest police station in the jurisdiction of such property is situated .
2. Secondly , You send a proper & strong averment notice which describe & demand the claim of your neighbour property demarcation & measurements .
3. Thirdly , You have no choise other than Government Mojni .
2. Secondly , You send a proper & strong averment notice which describe & demand the claim of your neighbour property demarcation & measurements .
3. Thirdly , You have no choise other than Government Mojni .
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Greetings. for abusive language, threats and harassment to your parents, lodge police complaint/FIR against your neighbour , mentioned they are senior citizens and there's risk of life to them from this neighbour. Merely alleging the encroachment dosen't claim the ownership if he fails to prove so. if you still feels the harassment is present then send a legal notice mentioning all facts through advocate. thanks
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Adv. Bhakti Thakur
Thane | 25+ Answers
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Legally, land grabbing, trespassing and land encroachment are all crimes. Encroachment is defined by Section 441 (Indian Penal Code) 1860 when someone enters a land or property owned by another person without their permission.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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