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2 weeks ago

My grandfather had a 200sqmt plot that lies inside someone else' 2500sq Mt plot. It has its own 1&14 number and survey plan. The person owning the 2500sq Mt plot has now put a barbed wire fence without informing us leaving no access to our plot. They even closed the traditional road access with the barbed fencing.

Anik

Responded 2 weeks ago

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A.Dear Client,
No person is allowed to put a fence over your land without your consent. Firstly, it is advisable to make an application to the Government Surveyor to carry out survey of the land. The survey reports will help ascertain your land area, and the corresponding survey numbers and mitigate further recourse. Next, you can send a legal notice to the person and demand to remove the fence within 15 days. In case of inaction, you can file a civil suit for encroachment and seek an injunction. Also, you can file a criminal case against the person before the jurisdictional court for criminal trespass under Section 441 of IPC by providing your property documents and survey reports. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Anik

Responded 2 weeks ago

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A.Dear Client,
No person is allowed to put a fence over your land without your consent. Firstly, it is advisable to make an application to the Government Surveyor to carry out survey of the land. The survey reports will help ascertain your land area, and the corresponding survey numbers and mitigate further recourse. Next, you can send a legal notice to the person and demand to remove the fence within 15 days. In case of inaction, you can file a civil suit for encroachment and seek an injunction. Also, you can file a criminal case against the person before the jurisdictional court for criminal trespass under Section 441 of IPC by providing your property documents and survey reports. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 2 weeks ago

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A.Dear Client,
No person is allowed to put a fence over your land without your consent. Firstly, it is advisable to make an application to the Government Surveyor to carry out survey of the land. The survey reports will help ascertain your land area, and the corresponding survey numbers and mitigate further recourse. Next, you can send a legal notice to the person and demand to remove the fence within 15 days. In case of inaction, you can file a civil suit for encroachment and seek an injunction. Also, you can file a criminal case against the person before the jurisdictional court for criminal trespass under Section 441 of IPC by providing your property documents and survey reports. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 2 weeks ago

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A.Dear Client,
In the given scenario, you need to file a civil suit for a declaration against the person under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice. Reach out to an Advocate experienced in civil matters for guidance and steps.
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Kishan Dutt Kalaskar

Responded 2 weeks ago

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A.Dear Sir,
You have to immediately approach Civil Court since your entire plot was encroached by third person and seek a direction to remove barbed wire fence and allow you to use traditional road.
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