Path to Home
On partition of ancestor land between my father and uncle ( My father younger brother) , It was written in the deed that we can USE the path to home by the right side of the land. Our land is behind the main land given to uncle , so the path from the main road is through the right side of his land. Its written that we can USE , land is not in our name.
But there is a house (പുറമ്പോക്ക് വീട്) and small shop in front of the starting path starting from the main road ,There is a widow staying there for more than 30 years and this shop is run by her for living . The house and shop is in the PWD road space and we cannot open the path to the main road as per the deed.
Our house construction from 1997 to till date we are using the same path which uncle is using , now he wants us to use the path as per deed and stop using his path. But we are helpless to open the path due to the house on the road side where a Widow is staying alone.
I told my uncle , since we are using his path for more than 27 years , we would like to continue using the same path and do not want to open the new path by breaking the house on the road side. And if needed we can write a new deed to use this current path as common road and we can cancel the one written to use path by the land side.
But he still insist us to cut the new path by the land side and stop using his path. What are the legal help we can get to handle this situation. I am aware that the owner cannot close a path which we have been using for more than 20 years.
The back side of our land there a walkable panchayat road, but no car and autoriksha can pass through it. Only bike and people can walk through it.
But we would like to use the existing path as common road, what are legal option to use it as common path.