Co-owner has broken the common wall without my consent

I have constructed the common wall in compliance with HSVP regulations, but now the co-owner has broken it from the foundation up to the second floor to install pillars without my consent. What course of action can I take?

The co-owner has committed the offenses of mischief and criminal trespass. You should file an FIR against him, as he has no right to demolish the common wall that was erected in compliance with HSVP regulations. If the co-owner has any grievances, he should make a complaint before the appropriate authorities of HSVP. However, instead, he has taken the law into his own hands and demolished your wall. His act constitutes an offence.

You should also initiate a civil suit to recover the losses you incurred due to the demolition of the common wall, as well as to seek a permanent injunction. A decree of permanent injunction would prohibit the co-owner from interfering with the premises. You may also claim litigation expenses and compensation for the mental agony you have suffered due to the demolition of the wall.

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Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

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