Your wife does not have clear and marketable title 

if there is no other access to your house you can claim easementary right of necessity 

1. Since you have purchased the land by a registered sale deed in the name of your wife, she becomes the owner of the property besides the revenue records are also transferred to her name hence her title is established.

2. Even otherwise the pathway had been used by your vendor all through the time till he sold the property to your wife.

Thus your wife can continue to enjoy the easement rights which was enjoyed by her predecessor, i.e., your grandfather, hence you can continue to use the pathway as a right.

1. You talk to them about your difficulties for road access and request them to remove the obstruction by demolishing the wall, if they don't respond or comply then you can adopt legal steps by filing a suit for easement rights and mandatory injunction for the relief of ingress and egress through the pathway and for demolition of the boundary wall through court. 

2. You can talk to them and enter into a registered memorandum of understanding in this regard or create a registered exchange deed jointly executed by both to avoid future legal hassles. 

File suit for declaration that you are absolute owner of 260 sq land and to set aside gift deed executed by A in favour of C 

then you can always reach a settlement by filing consent terms in court 

1. Ownership of 1350 sq. ft. Land (on Wife's Name):

   • 
     Legal Validity: Your wife’s sale deed for the 1350 sq. ft. plot (abadi deh land) is valid as per revenue laws, provided:

     • The sale deed was executed by the rightful possessor of the land.
     • The document is properly registered with the revenue department.

2. Claim Over 260 sq. ft. Pathway:

   • 
     For Possession:

     • File a suit for possession in the civil court based on your sale deed.
     • Highlight the encroachment by (C) and prove ownership of the 260 sq. ft. using your documents and site revenue map.

   • 
     Right of Easement:

     • Alternatively, claim a right of easement for the pathway if it is essential for accessing your house.

3. Exchange of Common Pathway:

   • Since (C) is unwilling to negotiate, you can file a suit for partition or adjustment to:

     • Exchange the common pathway land with your rightful 260 sq. ft. (requires court approval).
     • Present both deeds and maps as evidence to justify the fairness of your request.

4. Action Plan:

   • 
     Step 1: File a complaint with local revenue authorities to demarcate your 260 sq. ft. land and resolve boundary disputes.
   • 
     Step 2: File a civil suit for possession or an easement claim in the district court if the revenue department does not act.

5. Legal Considerations:

   • The original documents of (A) are missing, but possession and historical use support your claim.
   • The court will consider fairness and practicality for granting access to the main road.

For detailed, personalized advice, consider a phone consultancy.
Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes to write a review, it would be really grateful and very happy to read it.

Thank you.
Shubham Goyal

first of all it would be better if there was some map or drawing of the land with the structures to understand your query better

in my view your title is not perfect and clear

there is no paper work so it will be very difficult

also the sale deed which you does not have the original owner or his heirs as vendors

however you can plead hiba or oral gift which is permissible in Muslim

however for that you will have to seek a declaration from Court by filing a declaratory suit

for the access road also you will have to file a suit if the matter is not being resolved amicably 

Dear Client,Your facts state that title to the 1350 sqft plot appears well-established in your name, as you have been in possession for over 10 years and your family has been occupying the land for 70 years. Long-standing possession will give you more leeway under adverse possession laws. But, for the sake of prevention and for the sake of clearness of record, it would be well-advised to get the mutation of the land done in the name of your wife. The pathway of 260 sqft has been demarcated as a separate pathway in the revenue map but it has been obstructed by the boundary wall of (C). You can bring a suit for declaration and injunction to recover it. This would contain evidence of ownership, which means a sale deed and revenue map, along with further assertion of your rights over your property as pertaining to easement. You could then further propose that the settlement be made out-of-court wherein your right over the common pathway shall be traded in for an exclusive right to hold possession over the 260 sqft of land; hence, it shall satisfy the need on both sides. You would engage a local property lawyer who files all the necessary suits and pleads a hard legal case. Once filed, such actions will help to put forward your rights and gain lawful direct access to your property.

Hope that this helps you to solve your problem.

You can file suit to set aside gift deed 

affidavit can help your case 

Dear Client, You would be able to challenge the gift deed made between A and C; it will depend a lot upon the legal grounds for the same. For instance, one can always make the argument for fraud, undue influence, coercion, or violation of your grandfather B's rights as a legal heir. Since the deed is stamped properly, registered and witnessed, anything to the contrary makes it quite credible legally. Provided that you can prove that your grandfather had a valid interest in the property or that the deed was executed by him without free will, the Court will entertain your challenge. As a general rule, it is very hard to break a gift deed or hiba, unless there is a specific ground of revocation such as fraud or want of free consent. You may try to argue that the 2002 affidavit by A to intend to share out part of the property to the other cousin represents a repugnant intention, but it cannot be automatically said to vitiate the deed of gift. Considering that your primary interest is to get a personal pathway for privacy and access, it would be in your best interest to try to arrive at an amicable settlement with C for an easement or right of way. If the negotiations break down, you can apply for legal remedy under the provisions of easement laws to create a pathway without, necessarily, annulling the deed.

Hope you find this answer beneficial for resolving the dispute. 

1. You can challenge the gift deed only when it is produced before court and the opponent is relying upon it, you can then claim it's validity because it was not acted upon till this date and it is barred by limitation.

2. If the gift deed was not accepted or acted upon then, you can challenge it when produced.

3. What do you mean by breaking the gift deed and what is the contents of affidavit and how it is authentic?

4. You can file the suit accordingly.

1. Can You Challenge the Gift Deed?

   • Yes, you can challenge the gift deed if:

     • You can prove that your grandfather (B) had rights to a share in the property, which were ignored during the execution of the gift deed.
     • The deed is fraudulent or made under undue influence.
     • A valid legal interest of your grandfather or your family is affected by the gift.

   • However, since the deed is stamped, registered, and witnessed, the burden of proof lies heavily on you.

2. Can the Gift Deed Be Broken (Hiba)?

   • A gift deed (Hiba) can be revoked in certain cases, such as:

     • Fraud, coercion, or undue influence during its execution.
     • If the donor retained rights to revoke the gift.

   • If none of these conditions apply, breaking the deed may not be straightforward.

3. Can the 2002 Affidavit Help?

   • The affidavit can be used to:

     • Highlight inconsistencies or favoritism in the gift deed.
     • Argue that (A) intended to distribute land to other family members, including your grandfather.
     • It may not nullify the gift deed directly but can strengthen your case for claiming a pathway or another equitable solution.

4. How to Secure the Pathway Without Breaking the Gift Deed?

   • File a suit for easement rights or partition adjustment:

     • Claim a right to access the pathway as it is essential for reaching your property.
     • Propose to exchange part of your common land for the 260 sq. ft. blocked by (C).

   • Present your case for privacy and practicality while respecting the existing gift deed.

Action Plan

1. Attempt Negotiation:

   • Even if (C) refuses, document your efforts to resolve the matter amicably.

2. File a Civil Suit:

   • File for possession or easement rights over the pathway based on necessity and fairness.
   • Use the affidavit, sale deed, and revenue maps as supporting evidence.

3. Focus on Pathway Resolution:

   • Avoid challenging the entire gift deed unless absolutely necessary. Courts may prefer equitable solutions (like granting access) over overturning a registered document.

For detailed, personalized advice, consider a phone consultancy. Hope you find the information helpful. You are free to contact me for further discussion. If you could spare two minutes of your time to write a review, it would be greatly appreciated and bring immense happiness to read it. Thank you.

Shubham Goyal.

Yes it’s legal you can take the entry if not allowed filing suit in civil court is only way 

If you want proper permission then you may have to comply with the rules and regulations in this regard. 

You may first apply for the same,  if on inspection by the authorities find the said deviation then you may look for paying penalty for regularising the illegal deviation. 

Consult a local architect

make an application to the municipal corporation for construction of building on your plot.

You have to meet the fire safety guidelines.

You need to apply for the same in the available regulations no other way. Take permission only if mandatorily required