Sir / Madam I have a my fathers property in Kerala. My father recently passed away. i am in the process of filing a legal hire ship. The property is covered from all 4 sides. currently we were using the land adjacent to my property to enter. Now the owner of the property claims to build a compound. By doing so i will not have any passage to my land. As per my knowledge every one has right to passage and in Kerala i believe the other land owners will have to provide 4feet passage for passage if i do not have any alternate way to enter. Kindly advise what should i do.
Also how do i register the property in my name , what process should i follow.
Hello,
Hello,
1.To register the property on your name you need to first apply for mutation in the concerned village/panchayat office.
2.Secondly, you must obtain an heirship certificate from the court. This will involve newspaper publication calling for any claimants.
You can claim easmentary right of necessity as there is no other access to your land
Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.
3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .
You have to apply for mutation of property in your name
enclose father death certificate, latest receipt of payment of property taxes, NOC of other legal heirs
If the neighbor whose property was used by you to access road from your property is denying access anymore you may approach court with a suit for easement rights and mandatory injunction against the neighbor for this purpose.
After obtaining legal heirship certificate you may apply for transfer of revenue records from the name of the deceased property owner to his legal heirs.
This will establish the title to the property, there's no necessity for registering the property on your name.
Dear sir,
You need not worry about the passage area as it is illegal as long as you can prove that you have claim over that property. Law grants easement rights to property holders. In fact there is a whole legislation devoted to easement rights- the Indian Easements Act, 1882 wherein it is clearly mentioned that "An easement may be acquired by the owner of the immovable property for the beneficial enjoyment of which the right is created, or on his behalf, by any person in possession of the same."
You can approach the court for injunction under Specific Relief Act to restrain the disturbance of the easement.
Also, to register the property in your name, you will need the death certificate of your father, affidavit along with legal heirship certificate and other documents as required. It will be registered at the registrar's office of your residence. Thank you.
