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Asha (Currently house wife)     17 June 2014

Passage dispute

Hi, I am having a passage dispute of my house since I bought the site and constructed the house. The story goes like this. 

The site we bought measures 47 1/2 ft by 45 ft on papers which includes a passage of 4 1/2 ft towards 47 1/2. Since the neighbor had already constructed the house using the passage, in reality we got only 42 ft and we constructed fully bcas neighbor had already left the passage. Our papers was registered as 47 1/2 ft only. While we constructing the house he gave a lot of problems and every time we had negotiate with him and bbmp and finally he did not allow us to keep any windows or doors towards the passage where has he has already done the entrance to all his tenants for higher floor from this passage and all his balconies have been projected to the passage. He also parks 5 two wheelers under his balcony towards his wall leaving only 2 1/2 ft for accessing. Finally only 3 ft I gap is there between his wall and ours. Now again we had a clash when we went to do some repair work for our wall, we didn't even touch his wal or balcony for anything. But still he fought like anything and mentioned that he has bought the passage from bbmp paying some 50k. This made us worried and we went to police rgdng this.  Police were kind enough to come and mark 4 1/2 passage and instructed both of us not to park any vehicle in the passage. Only 3 days he didn't park and then again started the same drama. Now he is using fully the passage without allowing us for anything. He and his son are like rowdies, himself working as just a KPTCL driver. He is threatening us from past 10 yrs that he will demolish my building. 

According to my property papers the passage was left from my property itself and it clearly says that passage belongs to me. Even after all this neighbor is not caring for anything and ready to fight with us. But we are not ready to fight like slums instead go for legal complaint. 

I am looking for a very strong lawyer in south of Bangalore. Please do let me know immediately. Any other suggestions on how we can sort out this is welcome. As already mentioned pls note that neighbor does not care for the area inspector itself and has already ignored his instructions.

thanks,

asha

 



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 1 Replies

sridhar pasumarthy (ADVOCATE)     17 June 2014

Consult a civil lawyer and file a suit seeking declaration and injunction.


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