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Tresspass

(Querist) 24 October 2014 This query is : Resolved 
Dear sir, i have a flat at pune on Ground floor.my father had purchased the flat with garden area adjacent to it as mentioned in Conveyance deed (Kharedi-Khat). now the people of the apartment (society not formed)4 days ago removed my wall of garden area for connecting drainage pipe underneath thru my garden area.& quarreling for not reconstructing the broken wall.what and how to proceed for legal action. also if i dont want to be a member of the yet to form society is that ok?
Advocate M.Bhadra (Expert) 24 October 2014
Lodge a diary to the police and file a Suit for Declaration and Demarcation in Civil Court.File also a Criminal Case in Judicial Magistrate Court.
Raj Kumar Makkad (Expert) 24 October 2014
It is not your wish not to become member of the proposed soceity as this is already a term of purchase.

So far as forceful possession of your private property is concerned, you have a valuable right to protect it. As the encroachment has already been made, you have no other option but to approach local police as well as to file a civil suit for damages as well for restoration of the same position.
Rajendra K Goyal (Expert) 24 October 2014
Send legal notice for damages to concerned person and later file suit.


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