HI12345678 (manager) 16 January 2014

Injection order against entering into my property

Sir, my wife's property have a right of way to his brother to enter into his property at back. recently he started constructing house in his property and he demolished our boundary wall without intimation. Now he is claiming fro more right of way .

Can I get a mandatory injection prohibiting him from entering into our property. what I can do further

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6 Replies

HI12345678 (manager) 16 January 2014

Now the main issue here is her brothers are claiming for more right of way than given by her parents to his brother through her land.. her brothers are not ready for any adjustment giving more land to her if she give more right of way.. she has only 7 cents and her brother has one acre. Now her brother started constructing his house in his property and she forcefully demolished the boundary wall built by her in 2001.

Now her brothers claim that there was an olden day way to his plot was there in addition to the 2.4 m right of way currently he enjoys through her plot.. what action she could do preventing him from enjoying the right of way and to stop the construction activities...

when she complained to him, he has written an agreement in white paper saying that he made some damage to the boundary wall and that will be rectified according to the old and new deeds available after constructing his house...

please help

(Guest)

Consult a near by Lawyer serve the notice and file a suit for Encroachment if it is already been partitioned or file a suitable suit.Even a police complaint could be given for encroachments.

adv.raghavan (Advocate,9444674980) 16 January 2014

if your wife has a partition deed ,along with the sketch and drawing of her property which she got in partition, and now if her property is being encroached by her brother, she can file a criminal case for under IPC for trespassing, and can file a civil suit for recovery of property.

T. Kalaiselvan, Advocate (Advocate) 16 January 2014

Have you confirmed the extent of your property as per your deed, if you find that he has encroached the pathway belonging common to all users, you may file a mandatory injunction suit along with an interim injunction application for the permanent and temporary reliefs.

Biswanath Roy (Advocate) 16 January 2014

If your wife has any family partition deed and sketch map of the partitioned portion allotted to her as absolute owner thereof which was demarcated by a pucca boundary wall constructed at the cost of your wife in that event you can legally claim your entire demarcated portion by filling a civil suit in the Civil Court and can file a petition for mandatory and temporary injunction restraining your wife's brothers from encroaching her partitioned portion in any manner and can claim damage and compensation for the demolished boundary wall. Further your wife can file a written complaint against her brothers for committing criminal mischief by demolishing her boundary wall with the criminal intent to grab a portion of her property and by taking the receipted copy of the said complaint can file a petition before the Magistrate of the criminal court of jurisdiction u/s. 156 ( 3 ) of Cr. P.C. for investigation by local police and to report the same before the said court..