Advocate Devinder Singh | Legistify

Advocate Devinder Singh
Answered on 09 Jun 2019

Dear client, 1. Unlawful interference by any one is always changeable. 2. Ensure that construction of wall is permissible. 3. You can file compliant with the Police against the neighbor/s. As you have given incomplete information the situation, therefore specific suggestion can not be given.Read More

Posted on 23 Apr 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 05 Feb 2019

No legal action can be taken if there was consent from both the sides i.e. you and your girlfriend.  However, the father may take a legal action for trespassing of property. Therefore, it is recommended to consult a criminal defence lawyer in India to have a better understanding of your situation.Read More

Posted on 05 Feb 2019 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

In your case, your neighbours have broken into your house by force, which is punishable under the section 445 of the Indian Penal Code, 1860. In addition to that, threatening you would fall under section 503(criminal intimidation) of the IPC, which is again a punishable offence. Therefore, you should file an FIR against your neighbours in your nearest police station under the above said charges. Read More

Posted on 08 Dec 2017 | 1 Answer

I need help with filing a case for Trespassing and unauthorized encroachment by the residents of the Ground floor (a house which has 3 floors). I reside on the second floor of the property and the common area meant to be used only the upper floor residents is being illegally used by the owner of the ground floor. The terms are listed clearly in our property agreement and I would like to take the help of a lawyer to help me get justice. My question for now is: - What are the laws related to trespassing in India and can the offender be punished under the law? - How much time frame are we looking at to get justice?Read More

Posted on 15 Sep 2019 | No Answers Yet

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

General power of Attorney does not transfer ownership of the property. In the present case where the power of attorney regarding the house was given to your father the ownership of the property still vests in your hands. Hence, the conduct of your brother would amount to trespass. However, whether it amounts to Criminal trespass (Section 441 of the IPC) or House trespass (Section 442 of the IPC) will depend upon whether your brother intended, to cause any harm to the property or to commit any offense. In any case, you can at least go for civil trespass.     Read More

Posted on 30 Sep 2017 | 1 Answer

My husband is serving in defence and my village people harass me by using abusive language and sitting in front of my house and talking shamelessly. I filed an FIR, but no action has been taken by the police. What can I do?Read More

Posted on 03 Sep 2019 | No Answers Yet

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Section 441 of the I.P.C provides:- Criminal trespass Whoever enters into or upon property in the possession of another with intent to commit an offence or to intimidate, insult or annoy any person in possession of such property, Or having lawfully entered into or upon such property, unlawfully remains there with intent thereby to intimidate, insult or annoy any such person, or with intent to commit an offence, is said to commit "criminal trespass". Section 442 provides:- House trespass Whoever commits criminal trespass by entering into or remaining in any building, tent or vessel used as a human dwelling or any building used as a place for worship, or as a place for the custody of property, is said to commit "house-trespass". Explanation-The introduction of any part of the criminal trespasser's body is entering sufficient to constitute house-trespass. section 447 provides:- Punishment for criminal trespass Whoever commits criminal trespass shall be punished with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both. section 448 provides:- Punishment for house-trespass Whoever commits house-trespass shall be punished with imprisonment of either description for a term which may extend to one year, or with fine or which may extend to one thousand rupees, or with both. Read More

Posted on 05 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

You can file suit for recovery of possession and damages. Read More

Posted on 10 May 2016 | 1 Answer

Team Legistify | Legistify

Team Legistify
Answered on 28 Sep 2018

Some of my relatives are coming to my flat very often to harass me and they are becoming nuisance for me and my family. After requesting and ordering them and even cursing them also they do not go away. But just to trouble us they keep coming to my house. I informed the local police, but they don't do anything. My question is that can I hit them if they come into my house as they are trespassing and we do not want them ?? Read More

Posted on 05 May 2016 | 1 Answer