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Guest   27 June 2017

Right to defend property

If a neighbour tries to enter my property by breaking his own boundary wall adjoining my property and making a door/gate in it, do I have a right to lock that door from my side to defend my property from being transgressed? Please help with relevant sections/laws. Thanks in advance.



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 5 Replies

Raveena Kataria (Advocate )     27 June 2017

It is not simply your right, it is a matter of your safety, too. If you are the exclusive owner of a property, you have the right against someone attempting to tresspass i.e. trying to interfere with your peaceful enjoyment of the land by making unlawful entry. You should confront your neighbor, what legal reason could he possibly provide you with for building an entrance to your private property?

If you do not want to proceed with a civil suit, (in a criminal suit, he'd be liable u/s 441, 442 of IPC if he commits any one of the ingridients of criminal tresspass, but I'm sure you do not want to wait till he actually does that,) at least know that building a lock to avoid property tresspass is a matter of your right.

1 Like

Kumar Doab (FIN)     27 June 2017

The wall (if yours or in your boundary) canot be broken.

It shall be appropriate to get proper legal opinion from a very able local senior counsel of unshakable repute and integrity specializing in revenue/property/civil matters, by showing property docs.

 

Guest   28 June 2017

Thanks much!

Advocate Bhartesh goyal (advocate)     28 June 2017

you should file a suit for mandatory and prohibitory injunction against your neighbor and seek the the relief of removal of door alnd also get him restrained by injunction not to open new door,window or make any type of construction over disputed area till the deecision of suit.

Kumar Doab (FIN)     28 June 2017

You are welcome.


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