• Criminal breach of trust

I have a registered sale deed on a property divided as 4 pieces, two in front, and two in back, one registered in favour of me and the other to the owner who sold the property. Common passage is 8 feet and 110 feet. House has been constrcuted and property taxes etc., being paid regularly. The owner fradulently ururped 30X8 feet and constructed a gate just beyond the entrance point say 3' and this deprived me of free common passage and access around the building for my usage. Also creating nuisance and using filthy language. Also 2x80 feet has been allowed to be used by the party to whom he sold the property reducing the passage further by 6' instead of 8'. 
I seek a draft FIR to take criminal action to seller to remove the encroached area out of common passage and remove the 2' allowed to be used by the party unlawfully (or) any chennai based lawyer to take it forward. 
I seek your opinion with draft complaint to be made to police and take the matter beyond to court of law for criminal action. Place is Chennai. Any further details needed I can be contacted in my email id [deleted] or in my cell phone [deleted]
Asked 2 years ago in Criminal Law
Religion: Hindu

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6 Answers

you need to file civil suit to direct seller to remove encroachment on common passage 

 

also seek orders to set aside sale of part of common passage to third party 

 

3) also file criminal case of criminal breach of trust against seller 

 

4) you can engage any lawyer for drafting FIR 

Ajay Sethi
Advocate, Mumbai
97869 Answers
7939 Consultations

This appears to be civil matter and not a criminal offence.

If you have the rights given in your sale deed towards the pathway measuring 8 feet  to 110 feet and found that the other neighbor/occupier has encroached a portion of it, you have to file a suit for mandatory injunction against him to direct him to remove the encroachment and to restrain him permanently from indulging in such activities in future. 

The police may not come to your rescue stating that it is a civil matter even though they may accept your complaint and pretend to take action, but later on the police would discard the actions stating that it is civil matter and to be dealt by court alone. 

So you better collect the evidences and file a suit for mandatory injunction for removal of structure put up in the encroached portion and consequential permanent injunction.

For your needs it is you who has to appraoch an advocate and not that an advocate will contact you for your needs. 

T Kalaiselvan
Advocate, Vellore
88071 Answers
2377 Consultations

Criminal cases take years to be disposed of 

 

2) you should file civil suit too as mentioned herein above 

Ajay Sethi
Advocate, Mumbai
97869 Answers
7939 Consultations

The criminal complaint given to police may not be maintainable beyond certain point.

The police may not show interest in prosecuting the cae becasue it is a civil offence.

He has not approached your private property neither he has indulged into land grabbing offence.

He has encroached the public pathway which belongs to all the users of the complex.

Since your easement rights have been deprived you can file a suit for mandatory injunction to restore your easement rights to enable you to have proper ingress and egress as per the recitals of the registered sale deed in your name.

But that will not stop you from giving a police complaint for the nisance created by him obstructing your rights in the passage/public pathway.

T Kalaiselvan
Advocate, Vellore
88071 Answers
2377 Consultations

Yes your understanding is correct. The matter will be tried in court first and then the punishment if any will be decided

Prashant Nayak
Advocate, Mumbai
33130 Answers
215 Consultations

Dear client,  I am sorry to hear that but in this case you may file an FIR against them to your nearby police station.

Anik Miu
Advocate, Bangalore
10496 Answers
121 Consultations

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