Criminal tresspass

anil kumar agarwal (Querist) 16 October 2011 This query is : Resolved
there is a piece of agriculture land around 90 acre jointly held by various co owner, demarketion not done due to this one is unable to say who is owner of which piece of land. A , B and C three brother encroach one acre of land jointlyand constructed boundry wall.owner did not lodged any complaint. after 4-5 yrs. disput between these three brothers[encroacher] arises and one of then say C along with his friends S and T bought ownership title of this land through registerd sale deed and c along with s and t [who are now registerd owners]try to disposses A and B, . a free fight occured between them. both the party loged fir alleging criminal trespass. as per law who should be procecuted for criminal tresspass .or no one.

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Raj Kumar Makkad (Expert) 16 October 2011
There cannot be trespass by co-sharer. Every joint-holders have right over each and every inch of joint land until it is partitioned in metes and bounds. Criminal offence depends upon factual position but legally none have encroached any land as every share holder have free hand.

Shonee Kapoor (Expert) 17 October 2011
It would depend on the facts of the case, however, this is a civil dispute and better settled out of court.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Guest (Expert) 24 November 2011
Tresspass cannot be considered on the part of co-sharer 'C'. Tresspass cannot also be considered on the part of 'S' & 'T' as they entered the premises only along with and consent of 'C', the co-sharer.

The only thing you need to prove is the fakeness of the registered sale deed brought by 'C' and his accomplices 'S' and 'T' to prove the rightness of the claim of 'A' & 'B'

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