How to stop trespassing in my land?

A.Hi,
Trespass is an offence under the Section 442 of the Indian Penal Code as well as the Law of Torts. If you see an encroachment and want to proceed the legal way, you should approach the court for an order of injunction as per Order 39 (rules 1, 2 and 3) and claim the damages. The Court may also ask the encroacher to give the damages or in other words compensation for the encroachment. This is calculated on the present value of the land and estimating the proportion of loss caused.

Section 442 in The Indian Penal Code

442. House trespass.—Whoever commits criminal trespass by enter­ing into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit “house-trespass”. Explanation.—The introduction of any part of the criminal tres­passer’s body is entering sufficient to constitute house-trespass.

A.To stop these kinds of encroachment there are few steps that you can take;
1. Erect a permanent boundary around tour property.
2. Put up a board stating who is the owner of the land
3. When you see any such activity of trespassing or encroachment -complain to police/magistrate under Section 144 of CrPC.
4. You can also file case of injunction against the neighbours so that they cannot do anything like that in future.

A.Aap ke pass registered sale deed hai tab aap uske virudh police me complaint kare. Agar police aap ki koi help nhi karti hai tab aap court me unke khilaf civil case file kar sakte hai.
Vaise jab aap ke pass registered documents hai tab aap ki property koi sale nhi kar sakta hai na hi possession kar sakta hai.

A.Dear client,


Please warn him verbally and try to understand why he's doing so.

If that doesn't work, lodge an FIR against him according to section 441 of IPC, 1860. Hope that works!

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