We have a legal oral partition deed among 3 brothers signed by elders.
This is related to a residential land in a city which had a building on 350 Square yards and adjacent to the building was an empty land of approx. 200 square yards which did not have a boundry wall.
Two brothers were allotted the building(350 sq yards) which was to be shared amongst them and the empty land had been allotted to the eldest brother. The partition document states that the elder brother should construct his house leaving 5 ft distance from the existing building.
The elder brother had constructed his house almost 15 years back leaving hardly a feet distance.
We did take it up through mediation of elders three years back where they instructed the eldest brother to pay compensation at existing rates but he backed out from the decision.
We are not intersted in compensation now and would want to get his building demolished/moved by 5 feet.
Has the time frame elapsed to take this case legally?
How can I take this up legally in court?