the plot of land must have been registered to your father and his brothers. obtain a certified copy of the documents pertaining to the land and find out whether he is telling the truth or not. in case he is lying file a case against him for blocking access to a public way.
Road access
My father and his two brothers inherited land which has a common road to access it. We all have been using this road for the past 35 yrs. One brother now says the road belongs to him and not letting us to access it.The road is in poor condition and it needs some urgent repair. The sad thing is we have no other way to access our house. I am willing to repair the road and take all the expenses. But the brother won't permitting it. He says the whole road is in his land. I dont know how to defy this as this road is not registered by my father. Now my father passed away and mum living with my widowed sister in the house. Can we get access to the road?
Asked 3 years ago in Civil Law
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9 Answers
You can file a suit for easement rights by necessity for access to road from your property and for ingress and egress purpose.
The documentary evidences and merits in your side should be presented before court properly in order to get the desired relief.
- Since, your house is block from all sides by your uncles property and you are unable to approach the main road, hence his such acts are against the law.
- Firstly you can lodge your complaint with the commissioner of Municipal Corporation of your area for arranging the same.
- if no response, then file a suit against your uncle under The Indian Easement act , for claiming path to your house even from his property.
.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your uncle from obstructing your right to access till main road.
- Further, if you are using the said road for long period like 35 years . then you can get order from the court on the ground of adverse possession as well.
you can claim easmentary right of prescription as common road has been used for last 35 years
if access is denied file suit claiming easmentary right of perscription and seek injunction retrining uncle from disturbing your access to road
Dear Client,
As per the facts provided, if it is the only access to the property then he can not stop you from using the road.
Thank You
You need to find out if any document exists giving you access through the disputed pathway. Check the revenue maps at the tahsil office. If you find any concrete evidence, file a suit at the proper court for pathway rights through a lawyer.
Yes, your family has full rights under The Indian Easements Act, 1882.
If you have proof that last 35 years your family is using same road than it can be challenge in the court.
If it is the public road or the only road to reach your land then your brother cannot make it private as every person has right to road access.
Yes you can get the access in the said case from court
