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illegal construction of compound wall and blocking ancestral pathway


21-Feb-2023 (In Property Law)
my father & his cousin sister are staying in the same ancestral house using the same ancestral pathway for years but however the land infront of our house has been purchased by them and they had told us that we can still carry on using the same pathway as before. but now they are constructing illegal compound wall and thus not allowing us to use the ancestral path way.
Answers (2)

Answer #1
812 votes
in this case, since from how long your using the access way, you can file the civil suit against them asking for right towards the access which is your easementory right, with all the reliable evidence and documents. this will give you relief towards your access way. even file an complaint in the village panchayat if your municipality jurisdiction then can file complaint to them, against blocking of access.
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The short answer to this question is yes. However, you must serve a valid notice in accordance with The Party Wall Act and follow the procedures outlined therein.

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The construction is likely to lead to a break in the peace. The executive magistrate is empowered to take immediate actions necessary to prevent a breach of peace under section 145 of the Crpc. Illegal constructions will lead to a breach in peace.

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Answer #2
282 votes
If the construction done by your neighbor is illegal, you should complain to the corporation. Corporation is responsible for demolition of illegal construction. If corporation does not do it, then you can go to civil court. A. You can immediately file a complaint against them for the right to Air or Space.
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