Harassment by neighbor for not letting us to use road attach to my land
Dear Sir / Madam,
My Father bought one land of area 3100 sq. ft. in 2007 in Pune.
But now my neighbour is harassing by encroaching road and threatening my father and our family that he will build wall along my land boundary which leads to block our road but also telling us that he is ready for settlement.
But before that I would like to elaborate the whole situation and history in proper sequence, due to that this situation occurs.
1. In 1980, 18 people come together and they buy approximately 1 acre land from one person in order to form co-operative housing society. For that they did proper register sale deed. (I HAVE CERTIFIED COPY OF THAT DEED). The plot is NA plot.
2. But due to some personal issues between all members, they decided not to register the society, so all 18 founding member decided to divide the 1 acre land into 18 parts and distributes among them. So that each member will get approximately 3000 sq. ft. plot each.
3. Plotting is done in such a way that, every plot owner will get 15 ft. road from at least one of its land side, of course some of plot owner get 15 ft. from two adjacent side of their plot.
Each member sign the agreement of plotting of 1 acre land. (Currently I don’t have the copy of that).
4. Our Plot no is 11, later plot owner (Mrs Rani Pal Singh) sell her plot to one person (Mr Ramesh Argonda) in 1994. And that person (MR. Ramesh Argonda) sell plot no.11 to my father in 2007.
5. We have issues with plot no. 6 ( he is co-founder member )
6. Before that I will explain my land boundary
7. Our land boundaries (plot no 11).
North – plot no 10 (no issues with him)
East – plot 17 / 16 (no issues with him)
South – other land owner plot apart from 18 member. (No issues with him)
West – 15 ft. road and beyond that plot no – 6 (issues with him).
Road description --- road coming from south to north and ends at our plot (only way to get out for us and plot no 6). (Same road is mention in all previous sale deed of plot no 11).
8. In 2005, our previous land owner (Mr Agronda ) plot no 11 and owner of plot no 6 decided to build a combine gate on road so that both (plot no 11 , plot no 6) will use that road, there is no agreement between plot no 11 and plot no 6 regarding gate. There is no Municipal corporation road between plot no 11 and plot no 6.
9. But issue arise now, after plot no 6 owner dies and his son (age 52) is telling us that road is come under his property and you have to compromise (demand for money / or encroaching) to use that road. He also not showing his sale deed.
Kindly provide me legal help
With regard,
Dattatreya Nikam,
Pune Maharashtra.
Asked 6 years ago in Property Law
Religion: Hindu
Thank you for your answers.
Kindly check few more statements / questions in your consideration:
1. The neighbour is not ready to solve the issue amicably.
2. Yes, this is a common road between two of us. in our DP plan road is up to our common gate.
3. West boundary of our land is 22 meter. Long so,
Total area for road side is 22 meter (72 ft.) x 4.5 meter (15 ft) = 99 sq. mtr.(1080 sq.ft)
4. But he is telling us that you can use only 4.5 mtr. x 4.5 mtr. for road and rest land which is allocated for road will be his private property.
I have few questions:
1. Kindly share list of documents I should have before going to court.
2. Can I directly file law suit against him. or I should go to police first, since this is civil court issue ?
3. Police has any right to stop any type of construction before sending any legal notice to our neighbour?
4. Is there any way to solve this without going to court ( i.e. by making complaint in municipal corporation /
tasildar etc.) ?
Thanks in advance.
Asked 6 years ago