Ilegal pocession of the land Ilegal pocession of the land

10 months ago

How can I legally address the issue of my neighbor exceeding the agreed-upon property boundaries and encroaching upon my plot, resulting in a reduction in its size?

Anik

Responded 10 months ago

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A.Hello,
Under section 447 of IPC related to the Land Encroachment Act, an encroacher will have to pay Rs 550 as a fine or/and face imprisonment for up to 3 months. The penalty will be decided according to the offence.
However, As a property owner, you need to apply to the court, referring Code of Civil Procedure under Order 39 (rules 2 and 1), to obtain a temporary injunction against the encroachment of land. The court will assess your application and request the defendant to file a reply to the injunction.
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Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
It is a civil nature of litigation. You may get issue a legal notice and try to approach local authority like municipality etc or go to Civil Court and get either mandatory or any other relief against him.
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