Farming land road access dispute.
Dear Sir,
We are four brothers, and divided our ancestors property[Mango Garden]. Each brother got 10 acres of garden. But only eldest brother garden has road access, after his garden 2nd brother's garden and after 3rd and 4th brother garden. When we have done partition i.e. 20 years back we haven't agreed or written anything on the papers about road access to 2nd, 3rd and 4th brothers garden. Since 20 years we don't have any issues to enter our garden by walk. Now 1st brothers garden was transferred to his son, Now he was planning to put fencing for his property. Now we can't have access to our property. But 3rd and 4th brother managed to buy road access from other people. Now i am 2nd brother don't have any access to my garden, But as of now i was managed to enter by walk from other persons garden.
As of now current land price was 50 lacs per acre. So to give official road access to my garden, eldest brother demanding one acres plus 15 lacs rupees to provide road access to my garden legally. As he will loose nearly 1 acre's land to leave for road. Currently I have taken this village leaders, They are also supporting my elder brother and suggesting to pay the same thing as mentioned above.
Now i will request all of you to give your valuable suggestions, how can I proceed legally to get road access to my garden. What are the chances of winning my case. Generally this type of cases how court will decide? Now I came to know that, my brother was planning to take caveat (KVIT) from court and construct fencing [he was planning to mention that, His garden was getting destroyed by cattle So he want construct fencing]
Regards,