Trespassing fir and adverse possession.
Anubhav
(Querist) 03 April 2015
This query is : Resolved
Sir a person has bought lower portion of a flat with inner staircase leading to penthouse.
He has not purchased penthouse yet he trespassed.
I HV lodged FIR for Criminal tress passing.
Can this person claim penthouse through adverse possession?
What else needs to be done now as police seems inactive?
Raj Kumar Makkad
(Expert) 03 April 2015
File a civil suit for injunction against such person including the representation to the higher police officials.
Anubhav
(Querist) 03 April 2015
Sir police seems to be all managed as the person is using his influence..
Dr J C Vashista
(Expert) 04 April 2015
Trespass can be restrained by civil court and police cannot intervene.
Since when he has been in possession of the penthouse? Who is the actual titleholder of the penthouse? How you are concerned?
Rajendra K Goyal
(Expert) 04 April 2015
Consult local lawyer and file suit for injunction.
Devajyoti Barman
(Expert) 04 April 2015
If police is not acting then can move proper application in the high court. There is remedy against every fault of the state.
prabhakar singh
(Expert) 04 April 2015
If you admit his possession,the relief in suit would be for possession,a simple suit of injunction would prove useless,hence you need to strategize about draft of your suit
after consultation with a senior civil lawyer of your locality.
ajay sethi
(Expert) 04 April 2015
consult a local lawyer
Anubhav
(Querist) 04 April 2015
Vashishta sir he has been there since past 3 years but his trespassing to penthouse was known to me last year only as then I lodged FIR.
I am developer of that building so on the basis of 50:50 sharing it has come to my share.
Advocate Ravinder
(Expert) 04 April 2015
Since you have filed FIR for trespass, do not worry, it will take some time to punish him. He cannot escape from the Justice of court.
He cannot claim Adverse possession as he is in illegal possession. Adverse case will not apply to your case. For claiming adverse possession, there should not be any resistance from the owner for a period of 12 years. In your case you are rightly resisting him from the date of tresspass.
Normally the local PS can be influenced. Keep watch on the Police investigation, if there is any fishy in the matter inform the higher police officers and the court that the investigation is going in the wrong way.
As the court to appoint Advocate commissioner to see whether the pent house is occupied by him or not.
Anubhav
(Querist) 04 April 2015
Ravinder sir you are right the local PS has been all non cooperative..they are not doing needful investigation.although i have come to know that chargesheet has been filed but i still doubt the neutrality of police officials.
Anubhav
(Querist) 04 April 2015
Ravinder sir you are right the local PS has been all non cooperative..they are not doing needful investigation.although i have come to know that chargesheet has been filed but i still doubt the neutrality of police officials.
T. Kalaiselvan, Advocate
(Expert) 08 April 2015
Apart from police complaint, you have to approach civil court of law for civil remedies too as suggested by experts above.
