I am saravana from small town bunnur.i started renovation of our house which belongs to my father.The property next to my house belongs to my uncle and he sold it to 3rd party 25 years before. so far we and 3rd party with common wall without problems.
now the 3rd party started started troubling me afer demolishing my home staying that he had 2ft less dimension according to the document thus I need to leave the place missed.
when I asked for the document and show loss of dimension he refused and insted he made big crowd and made me help less
the person who stand inbetween made justice as I have to leave 3/4 ft from common wall and allow him to build attached to new wall.the situation made me to agree and I accepted and made agreement in stamp papper between the parties.
now he denied the agreement with cunning plan of not to construct wall at my side and to live with the same wall which I built new
please suggest me how can I have my place of 3/4ft and space of common wall back from him
next what I want to do
Asked in Property Law from Bangalore, Karnataka
All you have to do is bring down the agreement. Thereafter any deed that shows your father and uncle had got the property bifurcated between themselves. Without looking into the documents it is very difficult to ascertain the exact status.
Thank u sir
as per my knowledge documents are clean an clear but resently after my fathers death the asset have been moved on my mothers name at the time I have included some emplty space which belongs to us in fornt of our house.
in any of the document the ancistors have not mentioned the dimensions of the free space ,simply they have written the empty space will belongs to my father.
at the time of transfer of property to my mother name I have been cleared that empty space is 12ft from the records of the muncipal and got corrected the document.
but even though 2ft have been left out ,I asked about that they replied that it belongs to muncipal it is the space of drinage.
after knowing this by the 3rd party nucence have been started.
Asked 3 years ago
file a suit for injunction
Advocate, New Delhi
it is necessary to go through the documents mentioned by you to advice . the agreement signed by you with your neighbour wherein you agreed to leave 3/4th area for common wall etc has to be considered . contact a local lawyer . obtain an injunction restraining your neighbour from creating any obstacles in erection of compound wall .
Unless the agreement you made with your neighbour is perused it is very difficult to ascertain the impact thereof on your rights as an owner to bring legal action against him. Contact a lawyer personally and show him the agreement on payment of his consultancy charges. Thereafter on the basis of his advice proceed to obtain injunction against your neighbour.
You better contact a lawyer. He will guide you exactly based on the documents available with you. It looks like you have to file an injunction suit.