VISHNU YUVARAJ (STUDENT CO-ORDINATOR) 09 October 2011

Property dispute

Mr. X and Mr. Y are neighbours. A 3 feet narrow way directing to Y’s house was @ the border of Mr. X’s property. Y asks X to permit him to take some portion of his property to broaden the existing way. In return Y agrees to give equal area to X on the other side of X’s property and he agrees that he’ll permit Mr.Z to use the road. Y cut the road and has been using it for last 6-7 months. But, no agreement in writing was made over the aforesaid transaction. Now Y says that he is neither ready to permit Mr. Z to use the road nor to make any agreement over the transaction.

Mr. X wants to recover the property. Can you plz suggest the procedure to be followed by him to recover the property?

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2 Replies

Pranav S. Thakkar (advocate) 10 October 2011

In property issue, it is needful to have an agreement.

Now, it needs compromise.

VISHNU YUVARAJ (STUDENT CO-ORDINATOR) 10 October 2011

Exactly Sir, But, unless there was any agreement,
(i) is such a transaction valid?
(ii) if it is invalid, can X simply go and attach the property?
(iii) Is there any legal consequences while doing so?

Thanks for your response sir.