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Sandeep   20 March 2016

Some one made a illegal way in my plot

Hi,

I have 170sft* 40 Sft of land which was purchased by my father 25 years ago.

I am facing 2 issues-

1. The first issue is that there are 3 families who have constructed land at the backside or our property and does not have road for their property, initially since we were not interested to construct so temporary we did not protest against them as they were our neighbors and some how we needed to shift somewhere else so we did not do much that time(20 years back). For the property which are situated at the backside of our plot, towards their back side, there is a house, towards their left and right, there are houses which are already built so they have made a way to go to main road through our plot which is in front of them.

Our plot was vacant and we have not decided to construct our house there but now, i want to construct, the issue is that those 3 family will have no way for enter or exit from their house so they are fighting and saying that we have to give them certain piece of land for the path.

I agreed to give some land for them for the path but they have to pay me as per the current rate and since it is my property, it depends on me how much rate i should ask( though i am asking as per the current rate) but those 3 families are saying that they will give the money as per the rate they purchased the plot some 20 years back.

2. The other issue is that towards my right side,their was a plot which is 116 Sft* 40 sft and they have started building the house but they have illegally taken some 10sft from our end. the issue here they are saying that they have 116 sft of length which might be also correct but we are sure that we have 170 sft length. We gave an option saying that if you have 116 sft lengh and it is not shown up, then you leave few sft and we will leave few but they are saying that they cannot leave single inch. We filed a case against them but at night they use to build a boundary and when police come, they stops for some time and agin starts it again.

 

How to deal with both the situation?



Learning

 4 Replies

Advocate Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     20 March 2016

Sir, Seek injunction in both the issues ... Warm Regards Kapil Chandna Advocate 9899011450

Sandeep   20 March 2016

I am ready to go to court but can you please give me some details before. what is the action we can take and how to proceed further.

adv.raghavan (Advocate,9444674980)     21 March 2016

It will be long drawn legal battle, you have to file suit for recovery of possession along with injunction, no court will award injunction immediately. so it is better to have negotiation with them and get it done before seeking judicial remedy.

Sandeep   26 March 2016

Mr Raghavan,

Why it will be a long drawn legal battle when the plot is legal and others have made illegal path in it. Will it take many years ? If yes, how many years approximately?


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