My parents purchased a property about 40 years back - 1973 - which is an agricultural land, which is unapproved land for building house.
The land is purchased between X and Y party,
Consider ourself as X pary and Y party as our oponent.
Land for X is 35 cents and Y is 35 cents, (Total 70 cents). South facing Land
Each one is having two seperate, seperate documents registered. X party taken the land on front side which is having existing cart path (vandi thadam in tamil) in 1973, which is 8 feet to 10 feet at that time. and in registerd doc mentioned the condition that, X party should give cart path (vandi thadam in tamil) to Y party on the western side towards north south path of X parthy's land (The land is south facing)
(They didn't mentioned how many feets etc in the registered document just mentioned cart path(vandi thadam)).
At that time of registration Y party doesn't have any path as it's an agricultural land.
Later 1998 this land is been taken over to the municipality local approval body. and the layout had built and roads gone wide bigger.
X and Y party wrote to the municpal body, to subdivision of individual lands.
The municipality approval had given to X party land of about 27 cents(7 cents went for the road wide distribution of land of 50 feet road in south side and exisitng 8 feet road is extended to 50 feet now) and 35 cents is given to Y party
The road for Y party land is defined on northern side of the Y partys land of about 20 feet and this road is getting connected to this 50 feet road on north south (20 feet road) adjacent to X Party land. not exactly adjacent, just after one more site.
After that Y party got approval from the local municipality and got approval for the building construction from municipality and they build the house based on the layout road formed by the municipality on northern side.
X Party uses southernside road and Y Party uses northern side.
We have 27 cents of land where no path is defined by municipality as mentioned in the document to give cart path from north south direction. after 12 to 13 years. X party started to build a house in approved site. which is objected by the Y party to give land on the eastern side (north south path) cart path as per registered doc. But already they have a municipal road on north south way of 20 feet and subdivision is happened long back.They are asking again 20 feets in X Party's land. which X party will lose again 7 cents on western side
But X party got a municipal approval on the site. which doesn't have any path defined. X party moved the building to 24 feet upfront on eastern side, inorder to avoid problem in building the house in western side. The house is about end of construction.
Actually municipal bodies are saying there is no path defined. you no need to give path to Y party and as Y party is already given municpal layout road which is connecting this 50 feet.and ie. to 20 feet.
but Y party is blackmiling and coming to fight and occupying my land on the western side.Now the construction is over, i want to build the compount wall to my 27 cents to use it.
Question here is : After the path is defined and subdivision done by local municipality does the old document is valid, still i need to give cart path and that is to 20 feet ?? cart path is just 10feet ?
If no need to give, how to get legal permission from court to build my compound wall ? i had a municpipal site approval copy signed by commissioner, ie i can use the 27 cents for any construction purpose. does this help ?
Do i need to get any injection order by showing the Y party is already having the 20 feet road and it's municipal approval ?
I want to move this legally in court but before that i want to build the compound wall plz guide how to proceed in safing 27 cents asap
Please guide
Thanks,
Vijay.
