I am writing to bring to your attention a matter concerning a property owned jointly by my father and his brother, measuring 1100 square feet. Recently, this property was legally divided into two portions, with each party acquiring individual documentation including patta, agreement, EB, and property tax documents.
Upon division, my father constructed a house in the front portion while my uncle built a house at the rear. We agreed to allocate a 3-foot common pathway for access between the two properties. Additionally, during the construction phase, there was an understanding to allocate 1 foot of space behind the house. Accordingly, my father constructed his house adhering to this agreement. However, my uncle has encroached upon this space by extending his sunroof into our area, placing a gate in the common pathway, constructing a water sump, and installing a water pump within our designated space.
Furthermore, it's important to note that we have been paying taxes for the common area for approximately 12 years, including taxes related to a terrace constructed in this shared space on the first floor.
My concern lies in the legality of my uncle's encroachment onto our designated space and the potential legal ramifications of the terrace extension on the first floor into the common area.
Your guidance and advice on how to address this matter legally would be greatly appreciated.
