Property Encrochment

Querist : Anonymous (Querist) 08 May 2011 This query is : Resolved
Sir,
One of my neighbor encroached into my vacant plot,when I told about this he is simply avoiding me, What can I do please suggest?
1)Can I file petition for encroaching my plot? if I give such a complaint what will be its impact on him? is it civil or criminal in nature?

2)Simply I go and break the wall? If I do so what would be the effect?

Please advice.

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Guest (Expert) 08 May 2011
What type of encroachment? Even otherwise, in your own property, you can demolish wall.

M/s. Y-not legal services (Expert) 09 May 2011
Yes.. Its a pure civil dispute.. Even don't demolish that wall by your self. You have to file a title suit then Just get court's permission for demolish it..

adv. rajeev ( rajoo ) (Expert) 09 May 2011
It is a civil case file a suit for mandatory injunction suit ,but limitation to file mandatory suit is only two years.

Arvind Singh Chauhan (Expert) 09 May 2011
File a civil suit for mandatory injunction.

s.subramanian (Expert) 09 May 2011
Now that it has been encroached and built upon,suit for bare injunction would not suffice. You have to file a suit for declaration of your title for the encroached area and for mandatory injunction for the demolition of the wall. You cannot demolish the wall your self and if you do so,it may lead to criminal cases. It is safe to resort to civil proceedings for redressal.

A V Vishal (Expert) 09 May 2011
I fully vouch the advise of Mr SS

Querist : Anonymous (Querist) 09 May 2011
Thank Yor very very much for your advise.Sir, but please suggest me how long that would take since you are telling it is a civil suite.