Occupied my land
bala
(Querist) 10 February 2014
This query is : Resolved
Respected sir,
I have one empty land at my village. Recently my neighbor builds a home, and his compound wall is now in my place. His occupied my land in 1.2 meter = 3.5 Feet. I informed him please remove the compound wall at my place like this. But he did not responsible.
Questions:
1. Can I compliant to police station?
2. Can I file a case without lawyer? ( because now I have money problem )
3. Or else have any free lawyer services?
4. If I dispose his compound wall by me, police or court will take action me or not?
Thanks & Regards,
Devajyoti Barman
(Expert) 10 February 2014
1. Yes but of no use as it is a civil dispute.
2.Yes but is better to engage one to save your case.
3. Yes if your are a indigent person.
4. Yes, criminal case of trespassing may happen.
Rajendra K Goyal
(Expert) 10 February 2014
Well advised, agree with the expert Devajyoti Barman ji.
If you try to remove the wall by yourself a criminal case against you can be registered.
malipeddi jaggarao
(Expert) 12 February 2014
1. Yes, but police may not act upon, stating that it is civil dispute.
2. Though you can represent your own case, it requires expertize. If the other party engages efficient advocate, though you have the evidence, you may not be in a position to represent properly.
3. Since it is a civil dispute, that too relating to some property, that may not be possible.
4. The neighbour will not keep quiet. He may even complain to police making false allegations. It will be treated as criminal act.
Better you involve other neighbour and known people and show the documentary evidence to them and ask them to reconcile the matter.
If it does not work, you have no alternative except initiating civil legal case by issuing legal notice and if there is no positive result, by filing a civil case.
T. Kalaiselvan, Advocate
(Expert) 12 February 2014
First serve him with a legal notice instructing him to remove the structure(compound wall) raised in your property stating that it is an act of encroachment, if he is not coming for an amicable solution, file a suit for mandatory injunction against him to remove the compound wall and restraining him from any other interference with the possession and peaceful enjoyment of your property.
P. Venu
(Expert) 18 February 2014
First of all you can get the boundary demarcated through a competent surveyor.
