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Case filed for right of way

(Querist) 24 April 2014 This query is : Resolved 
Dear Sirs,

There is 13 cents land in Palakkad of which 5 cents was given by my grandmother to my mother separately(gifting) and the remaining 8 cents of land were bought by my father and mother from my grandmother. The 8 cents lies close to the road and is in the front. The 5 cents is behind this 8 cent land. My mother had sold this 5 cent land to my sister(without my knowledge) even though she had taken the same amount of money from me and gave nothing in return. My father expired and so the 8 cents in the front now belong to me, my sister, and my mother(who will be the major shareholder as it was bought by her and my father). Now my sister is threatening to file a case saying she wants right of way through this joint property which my mother is ready to give but I am not. The reason behind my not giving is I have not been given anything from this property even though I have also shelled out money. Documents have been written only in my sister's name for the five cent land who gave her much lesser amount and six years later than me. If we give way to her property, again I stand to lose and also we will have very less area for ourselves. Will I be forced by the court to give way? What are my options if I do not want to give way? How long will this case go on?
My sister just wants to make my life miserable and will not heed to any other arrangement possible. She is very competitive in all areas of life and my mother is just an enabler of all this. So the option of mediation etc are just ruled out.
Devajyoti Barman (Expert) 24 April 2014
If you do not want to part with your share, you have nothing to loose. Let your sister burn midnight oil to get it.
If there are adjacent places for road, then you are not bound to make way for her plot of land.
ROHIT SHARMA (Expert) 24 April 2014

Dear Mr. Brinda,

1. If there is no other way possible for your sister to have access to her plot of 5 cents other than through the 8 cents land that is front of her 5 cent land and the former being nearer to the main road, then in that circumstances the law of easement would be attracted.

2. It is better in that case resolve such issue before the court and agree to give a right of way to your sister.



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