Can Someone Hamper Or Interfere With My Private Property?

One of the main issues facing private property owners is the interference in the property, which can range from an empty apartment in an Indian city to acres of agricultural land in a village. Due to a rise in trespassing, land encroachment, and incidents across the nation in recent years, India’s property and land laws have grown more stringent.

Your possessions are valuable. You thus have legal rights in the event that someone hampers or interferes on your property. If someone or something purposefully or carelessly interferes or destroys your property, you can be entitled to compensation. It is critical to comprehend your alternatives in the event of property damage.

Right to Property: About

• The Constitution (Forty-Fourth Amendment) Act, 1978 made the right to property non-fundamental; yet, it remained a human right in a welfare state and a constitutional right under the virtue of Article 300A of the Indian Constitution. 
• No one may be stripped of their property unless they have legal permission, according to Article 300A. A citizen’s property cannot be taken from him by the State unless the legal process is followed.

Provision for Punishment for Interference in the Private Property

• A person is guilty of criminal trespass if they let someone else without power to enter their property without their permission. This is stated in Section 441 of the Indian Penal Code of 1860.
• According to the clause, anyone who accesses another person’s property without permission and without authorization faces criminal trespass penalties.
• Section 447 of the IPC defines the penalty for criminal trespass.
• A stranger who enters your property in violation of the law may face criminal trespassing penalties.
• Criminal trespassing carries a possible sentence of three months in prison, a possible fine of five hundred rupees, or both.

Available Remedies

Attempting to stop someone who is interfering or trespassing on your property should be your first course of action.

• Everyone has the legal right and ability to use necessary actions to protect their property.
• The Indian Penal Code’s Section 103 and Section 104 permit someone to murder or seriously harm another person in order to defend their property.
• However, these abilities will only be put to action when they are required.
• A person will not be punished for killing someone or causing them great harm if they do so while defending their property and did so in a situation where it was appropriate for them to do so. This is because they did not commit any crimes because their actions fall under the category of private defense.
• If someone interferes or trespasses upon your property, you have two options for redress: you can seek an injunction order to prevent the trespasser from entering your property in the future, or you can sue for the harm or the damages you have incurred as a result of the trespass or interference.

How Can a Lawyer Help if Someone Hamper or Interfere with Your Private Property?

• The lawyer has the power to serve the individual who is interfering with your property with a letter of cease and desist. In general, this letter threatens legal proceedings unless the interference ceases soon enough.
• A trespass or nuisance lawsuit may be recommended by your lawyer, according to the kind of interference. Unauthorized entry onto the property you own is regarded as trespassing, but if the interference seriously and unreasonably prevents you from using and enjoying the land, you could potentially able to bring a nuisance claim.
• Interference on private property can sometimes be illegal as well. Regarding whether you should bring a criminal complaint alongside or in addition to any other civil action, your lawyer will be able to give you advice.

In India, a prevalent problem for many private property owners is harm and interference in the property Therefore, in order to stop such illegal conduct, property owners need to be informed of their legal choices. Thus, when battling property interference, having quality and competent legal aid is crucial. You can simply acquire the necessary support by speaking with the knowledgeable lawyers at Lead India.

One can talk to lawyers from Lead India for any kind of legal support. In India, free legal advice online can be obtained at Lead India. Along with receiving free legal advice online, one can also ask questions to the experts online free through Lead India.