Property encroached
Binoy Chacko
(Querist) 10 December 2012
This query is : Resolved
Hi I am a NRI and have some property in Kerala, India. Some people forcefully made a road through my private property in the middle of the night two yrs ago. I had filed a police case saying some people have encroached into my private property and now after 2 yrs we have received a letter from the District collector saying relevant action will be taken.
The police interrogated the people near our property and now I hear that they have filed a case against me; and my old mother back in India has received a court order which she is not able to read.
I was wondering what I did wrong and for what reason could they have filed a case against me.
Is it lawful to forcefully encroach into private property without consent. And I don't even know what I need to do.
Please advice..
Best Regards
Binoy Chacko
Raj Kumar Makkad
(Expert) 10 December 2012
It seems that the encroachers have filed a civil suit against you both just for making their claim over the encroachment. You would have als filed a civil suit against encroachers. anyway, you can now file a counter case against those persons and get the property free from them as police has no power to initiate any action against them.
Engage a local alwyer and move ahead.
Binoy Chacko
(Querist) 10 December 2012
Mr Makkad,
Thanks for the reply....
I am just not used to the Indian Penal Code or dont have any idea of how the Judicial system works there this is the first ever issue in my life..
I was wondering on what grounds can the encroachers file a civil suit against the owner of the property
they take my property without consent and they file a suit against me... It does not make any sense. You would know it better than me.. Could you please explain it to me..
Raj Kumar Makkad
(Expert) 10 December 2012
Chacko! You need to obtain all property documents in your hand and the copy of the civil suit filed against you. It shall be good to avail the service of any lawyer and work under his advice. If need arises, contact personally to understand the details of the case and your claim.
Binoy Chacko
(Querist) 10 December 2012
Mr Makkad, thanks once again..
I have got more details on the copy of letter send to us by the encroacher's advocate
it is a copy of a CAVEAT filed in the court. saying that i am trying to close a pathway which belongs to the panchayat and so on. We had previously given a written complaint to the chief minister of state and the District Superintendent of Police and District Collector and we have got copies of orders from the district collector to take necessary steps in favor of us. would this by any chance affect any of the proceedings...
ajay sethi
(Expert) 10 December 2012
if caveat has been filed it would require notice to be given to encroacher before you make application in court for interim reliefs . the encroacher wants to be heard before orders are passed by court .
the fact thjat you had complainted to district collector and have copies of roder passed will help you in court case . the encroacher has to prove that pathway belongs to panchayat .
Raj Kumar Makkad
(Expert) 10 December 2012
You have nothing to worry. As caveat is not a case rather a request to the court to afford an opportunity to the opposite party if you file a case against them.
Make haste now, engage a lawyer and file the desired case as earliest as possible.
Binoy Chacko
(Querist) 10 December 2012
I had a word with a property lawyer and he said it is going to be difficult to file a case now cause i will not get a leave from my work place here and the further issue is that they have encroached into my property to extend a walk way they had and thus we are sure to loose the case etc.. etc... he even stated that giving a petition to the chief minister and district collector would do no help rather than waste more time...
Is it so..
Guest
(Expert) 11 December 2012
Why didn't you file a civil suit till now? Setting the criminal law into motion could have resulted only in the trespassers being punished for the felony of encroachment. It is the civil law alone with the aid of which you can get the property back. You should have filed a civil suit for removal of encroachment and mandatory injunction a long back. Now that they have filed a caveat it will be difficult for you to get a temporary relief. Your delay in filing the suit has diluted your relief. Because of the delay in filing the suit you may now have to wait for years before the court rules in your favour. Civil litigation takes time to reach conclusion. Having said this, I don't agree with your lawyer that you are sure to lose the case.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
Raj Kumar Makkad
(Expert) 11 December 2012
I do not agree with the advice you obtained from a civil lawyer of your locality. You reserve your legal right even today to litigaate. If you cannot personally persue your case, provide GPA to either of your friends or relatives.
Binoy Chacko
(Querist) 12 December 2012
Thanks for your advice all.... It was really helpfull
Binoy Chacko
(Querist) 17 December 2012
can i file a criminal case against some one if they take my property without my permission for any purpose.... like extending an existing way...
Raj Kumar Makkad
(Expert) 17 December 2012
Yes. You have a right to initiate criminal action against such encroacher.
