Land ownership

Dear Client,
In the given scenario, if the dispute is not resolved mutually between the parties, then be informed that unauthorisedly occupying someone’s land or property with the wrong intention is considered an illegal encroachment and criminal trespass triable under Section 441 of IPC(Section 329 of BNS) once an FIR/ complaint is lodged by the aggrieved party in the police station or the jurisdictional court. If a person is found guilty of illegal encroachment and criminal trespass, they may be fined and imprisoned for up to 3 months. Apart from this, you can file a civil suit for a declaration and recovery of possession of the property under Sec.34 and Section 5 of the Specific Relief Act, 1963 before the competent Civil Court seeking an order of interim injunction under Order 39, Rule 1 & 2 CPC. You can also make a private complaint against the persons/neighbours who are unauthorisedly occupying your land in the court of a Magistrate under Section 223 of BNSS, which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate shall examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused persons under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. If required, consult or hire an experienced property lawyer for tailored advice to navigate the issue in the right way.