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Tamil (Software Engineer)     16 June 2009

clarification required on purchased land

Hello Sir,

I bought a land from a person, Person3 who bought this land from Person2. Person2 bought this land from Person1. The land was registered and got all the documents from the subregistrar, no issues.

Person2 has 2 sons and a daughter. These sons filed a case as stated below. "our father bought this land with the money he got by selling our grandfather's land.. so we have all the rights own this land"

Person2 had sold his father's properties with his sons approval (signatures) and spent his money on election.. after sometime, he earned and he bought this land from Person1...

Now, my issue is, when I went for farming the land, these 2 guys are not allowing me to enter and they are threatening me. They claim that this land is theirs and I have no rights to get in...

what should I do now? Need some suggestion as I spent money and got no sleep, this is completely unnecessary, and I am really upset.

thanks very much




Learning

 5 Replies

A V Vishal (Advocate)     16 June 2009

I suggest you approach the court with a plea to restrain the persons who are barring the entry into your land. Even if a police complaint is lodged I don't think it will be useful since the police cannot entertain civil disputes. Make all necessary persons as parties in the suit and get a injunction order from the court. That's the only way out

1 Like

A V Vishal (Advocate)     17 June 2009

Sir

Advise you to file criminal complaint under the following sections of IPC along with a civil suit.

Section 339. Wrongful restraint
 

Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has right to proceed, is said wrongfully to restrain that person.

Exception: - The obstruction of a private way over land or water which a person in good faith believes himself to have lawful right to obstruct, is not an offence within the meaning of this section.

Illustration

A obstructs a path along which Z has a right to pass. A not believing in good faith that he has a right to stop the path. Z is thereby prevented from passing. A wrongfully restrains Z.

Section 447. Punishment for criminal trespass
 

Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

Section 506. Punishment for criminal intimidation

Whoever commits, the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both;

If threat be to cause death or grievous hurt, etc.: -And if the threat be to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or 1[imprisonment for life], or with imprisonment for a term which may extend to seven years, or to impute, unchastity to a woman, shall be punished with imprisonment of either description for a term which may extend to seven years, or with fine, or with both.
1 Like

A V Vishal (Advocate)     17 June 2009

Section 441. Criminal trespass

Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property,

Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence,

is said to commit "criminal trespass".

STATE AMENDMENT

State of Uttar Pradesh:

For section 441, substitute the following: --

"441. Criminal Trespass:-- Whoever enters into or upon property in possession of another with intern to commit an offence or to intimidate, insult or annoy and person in possession of such property, or having lawfully entered into or upon such property, unlawfully remains therewith intent thereby intimidate, insult or annoy any such person, or with intent to commit an offence.

Or, having entered into or upon such property, whether before or after the coming into force of the Criminal Law (U.P. Amendment) Act, 1961, with the intention of taking unauthorized possession or making unauthorized use of such property fails to withdraw from such property or its possession or use, when calls upon to do so by that another person by notice in writing, duly served upon him, by the date specified in the notice,

is said to commit "criminal trespass".

[Vide U.P. Act No. 31 of 1961, section 2 (w.e.f 13-11-1961)].

A V Vishal (Advocate)     17 June 2009

Section 503. Criminal intimidation
 

Whoever threatens another with any injury to his person, reputation or property, or to the person or reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do, as the means of avoiding the execution of such threat, commits criminal intimidation.

Explanation-A threat to inure the reputation of any deceased person in whom the person threatened is interested, is within this section.

Illustration

A, for the purpose of inducing B to desist from prosecuting a civil suit, threatens to burn B's house. A is guilty of criminal intimidation.


 

Tamil (Software Engineer)     17 June 2009

Thank you very much Vishal Sir. I have approached the lawyer to file a case and get an injunction order. Per your advise, I will take this order and file a case with police station under the sections you specified.

This was very much helpful and I really appreciate this.


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