Dear Client,
If property is purchased through valid registered sale with definite map position and area of land, file FIR fro disturbing peaceful possessing and use of land.
Trespass.
Sec 441 IPC.
How to go about with this problem of our land
We have purchased a agriculture land of 1.13 Acres in Mysore around 10 years back. this land is an un-fensed land thus the neighboring residents are parking there lorry, truck and tractor in our land and also one of them is tieing there 5 cows and 4 buffaloes in our land. We have not objected anyone till now as it was not harming anyone. but now when we are building compound, these people are not letting us to build compound. there are demanding a road. There a portion of 6 nos of houses sizing 30 x 40 feet in a road having highway entry, where there is road to enter from the front for all sites, but those people have split the site to 20 x 30 into two pieces where the half in facing our side and there demanding 20 feet road in our land, i.e 20 x 200 feet. Some local politician is also supporting these people which is making us difficult to handle the matter. How can i deal with these people. How can i go about legally? We can not talk to these people as they use foul language. i have enclosed the drawing of the road demand.
Asked 6 years ago in Property Law
Religion: Other
12 Answers
Sir first of all immediately file a police complaint of trespassing as you have not objected there use they can take defence of adverse possession.
Further there is any obstruction disturbance from there side you approach the Executive Magistrate (SDM) under 144 crpc for disturbance in your peaceful possession. The magistrate shall restrict them.
Secondly get your land fenced and gated immediately.
You can complain to Police against your neighbour for criminal intimidation under section 506 of IPC
2) seek police protection in helping you enclose your plot
3) if Police refuse file suit seek court orders restraining neighbours from obstructing building of road
4) also seek orders to remove vehicles parked your plot
You start your work to build fence around your property, let them object to this, you may aproach court with a suit for mandatory injunction agaisnt all those agitating to your decision.
If anyone of them is indulging in any violent or physical assaults in this case, you may lodge a complaint with the police and also approach commissioner of police for direction to local police to give you protection and to initiate legal action against the culprits.
Is it mandatory to leave a road ? can i build the compound without leaving the road? How does Injunction order work in this case? How effective is the Injunction order. as i have mentioned there is local Politician involved and he is in touch with the CM of the state. We feel he can control the police and if so, how would i go about this. Is there any loop holes where they can turn the case and fight against us. will it Become a court case and per long for a long period.
Asked 6 years ago
Its your property, u r free to do whatever with it.
If not supports, than only injunction suit requires.
Injunction is best remedy against the encroachment.
Firstly is there an already existing road or way??
Secondly village or local authority maps show any way or road on there revenue map on that portion??
Thirdly is there a road from you road connecting high way and people are using it from immemorable time or 15 -20 years ??
if answer to above question is yes then you have to leave a road otherwise the situation has to be seen as if there is already way for the houses then they cannot demand from you.
See best possible out come according to me is file a complaint before SDM or DM and the SDM or DM can restrict them for causing nuisance and in mean time you can construct wall or fence around land. Also specifically mention that so and so political leader is influencing in complaint and keep a copy of complaint with you also.
If you donot seek any relief there then we can approach court but first this is good way to go.
Secondly if we go in court might be they can take defence of adverse possession as you have never objected there use on your land.
You ha ve to leave a road if there is no other access to your neighbour land
2) in such a case neighbour can claim easmentary right of necessity
3) court orders are not influenced by politicians
Dear Sir,
You have to file police complaint if they reject or issue NOC then file a private complaint. Civil Court may be approached with a suit for possession and mandatory injunction. More suggestions on receipt of your details on my
e-mail.
Yes it’s mandatory to leave a Road. 2Title suit declaration as per specific performance act. You can file
Case but yes it will take time
If there is no mention about the road in your sale deed document, you do not have to leave space for road, moreover you told that the other owners have road access from other side, the partition or division of property among themselves cannot entitle them with road access facility from your property.
Injunction order is a court order, if they do not obey that then it can be treated as contempt of court and they can be punished for that.
The politicians will try to take advantage over the situation to show their prowess and weight.
You should not be deterred with such flimsy threats, they cannot travel beyond certain limit, you dont approach police, you depend only on court, they cannot influence court.
Dear Sir
Injunction suit and other things will take in court. We have team to handle these issues out of court. We will ensure smooth closure of this issue.
Feel free to reach us.
If they are obstructing you to construct the building you can approach police and court. You are not legally bound to provide them road. You should have never allowed them occupy your land on the first place.
