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sunil (architect)     04 March 2011

encroachment of plot by neighbour

sir,

nearly about 20 yards of our plot  is encroached by our neighbour , he does this because  the same 20 yards of  land was encroached  by his neighbour , now my neighbour's neighbour is not showing the land documents where by we can clarify it.

In this situtation what we needs to do. what kind of legal procedure can make my neighbour to stop his work and he can get his neighbours  plot documents. 

 

please suggest accordingly.

 

Regards,

sunil.



Learning

 6 Replies

a. agnel rajan (advocate)     04 March 2011

Based on your documents, if u r sure that it it is an encroachment, u just need to file a civil suit for permanent injunction before the competant jurisdiction court ,seeking to restrain yr neigbour from interfering with yr peacefull possession and enjoyment of yr property. Then yr neibour will have to come forward with his documents that are in his possession if at all he has a case.

adv. rajeev ( rajoo ) (practicing advocate)     04 March 2011

file a suit for mandatory injunction to remove the encroachment.  But suit should be filed within 2 years from the date of encroachment.

1 Like

sunil (architect)     05 March 2011

sir,

 

Thanks for the quick reply,

as said earlier my neighbour encroached my land as his neighbour encroached his land , even my neighbour does not realized that until we went back to him, now his neighbour is refusing to show the original documents.

 

now if we have to file a suit , do we have to file the suit on ( my neighbour and his neighbour).

and my neighbour is continuing his construction work. what we need to do inorder to stop his construction work.

 

kindly guide us accordingly.

Regards,

sunil.

P.K.Haridasan (Advocate)     06 March 2011

Approch a Advocate of repute and file a case against encrochment.

1 Like

manoj r. dubey (prop.)     14 March 2011

 

File a short causes suit in the civil court whereby make ur neighbour has party and show the court that u are the owner of the particular plot by filing the necessary documents which shows that u r the owner and the particular plot is in ur possession and the court to give mandatory injunction the neighbour for stopping him from doing any const.

manoj r. dubey (prop.)     14 March 2011

 

File a short causes suit in the civil court whereby make ur neighbour has party and show the court that u are the owner of the particular plot by filing the necessary documents which shows that u r the owner and the particular plot is in ur possession and the court to give mandatory injunction the neighbour for stopping him from doing any const.


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