Common wall dispute
irfanasmi
(Querist) 26 October 2011
This query is : Resolved
Hello All,
I am new to this forum, and I don't know anything about property law act.
I am a student and I am with 2 younger brothers and with mom, my father passed away 7 months back.
our property is an ancestral property which has come from my great grandfather, and my great grandfather has registered the above property to all this 4 children which were being enjoyed peacefully, my grandfather was running a timber business and my grandfather and his younger brother were sharing their possessions with a common wall dividing each of their property.
My grandfather’s younger brother sold his share to a 3rd party and was in no possession now.
The wall inside our property has a 15.5 HP Electric power with heavy Electric meter and Switch gears to run the cutting machinery, since 1970. The wall is about 30 feet long which acts as a common wall.
My father met with an accident in the year 1990 and lost his vision and was a handicapped person, since 1990 to till 17th April 2011 he was a handicapped person and was at home, our business was nil because of my father’s accident, so my grandfather decided to rent a portion of the property with small repairs to the wall by putting asbestos sheets to the wall and giving on rent this continued till 2004 when my grandfather passed away until then the 3rd party who was in possession of my grandfather’s younger brothers property has no issues or no objections at all. And then my father again rented the same property on rent and added some more repairs like new cement sheets to the roof etc. and again the 3rd party had no objections at all everything was going on smoothly unfortunately my father passed away on 14th April 2011. And now after the death of my father without our knowledge the 3rd party has done some modification to his property like his roof sheets are inside of the common wall. Now when my brother and I thought of opening something of our own to earn a living the 3rd party has objection and now he says the entire wall is his property and has given a false complaint against our 3 brothers informing the police that he has a risk towards his life and if anything happens to him we 3 brothers are responsible.
When I contacted my grandfather’s younger brother to come and help us he is avoiding us and telling us I am not the owner I don’t have anything to do with you all.
I request you all experts to help me as I am being the eldest son in my family I have to fight for my rights.
The 3rd party is taking advantage now as we are still young and my elders (my grandfather and father) passed away.
Please let me know what best I can do to open a shop a earn money for our living.
Thanking you,
Mohammed Irfan
Shonee Kapoor
(Expert) 26 October 2011
Still not clear, what is the problem.
The problem is threats or property related.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 26 October 2011
I advise you to go to civil court and seek declaration therefrom to the effect that wall is common and your neighbour is not its exclusive owner as he is claiming and at the same time seek stay order not to dispossess you from using the common wall. Police can be apprised about all and can be told that it is a civil matter for which you are doing court proceeding.
irfanasmi
(Querist) 26 October 2011
It is property related and he is not willing to compromise in any ways.
I am sure he has paid some money to the police people and when I went to give a counter complaint the police is not ready to accept our complaint, the only thing what police say is the 3rd party had come to give a complaint against you 3 brothers that he has risk towards his life from our 3 brothers and since you are students I have not written an FIR but instead I have written the complaint in SEMENS, and the police is advising me to go BBMP and take a new certified plan and then let us see who has the rights to the wall.
I tried to convince the police that its false and why should we go and talk to him, it is he who is trying to encroach the common wall by telling its his wall and forced us to stop the work which was going on.
prabhakar singh
(Expert) 26 October 2011
In my opinion the wall is joint over which both of you have right,the mistake on your part is that you allowed him rto project shade crossing over to your side.
Raj Kumar Makkad
(Expert) 26 October 2011
I still stick to my advice. Instead of going to police, you go to civil court and get injunction restraining him to intervene in your peaceful possession and continuation of your construction work.
prabhakar singh
(Expert) 27 October 2011
I simply told the position and right of parties over the wall.A partition wall is always understood to be common.But i was to tell a way out also which i failed.
visiting Civil court,as advised by Makkad, shall at least subside the UNDUE interference of POLICE in a cause of civil dispute.You will surely get injunction in nature of status quo but it would be bit hard to get a mandatory injunction during pendency over the common wall in dispute as the court,if decides to grant you the same as interim relief,then suit stands decided then and there without any trial;But an undertaking on your part may serve an answer to this hurdle.
Raj Kumar Makkad
(Expert) 27 October 2011
Thanks Prabhakar singh ji for your support.
irfanasmi
(Querist) 28 October 2011
Thanks a lot for all your support, I think I am not alone now, coz I have great people like you all specially " Raj kumar Makkad ji, and Prabhakar singh ji.
I will definitely go through the way you have guided me, but please do not hesitate to help me in my future fights, I once again thanks you all from the bottom of my heart for replying me in such a short time.
