sankar palanisamy (Private employee) 30 July 2018

Right of way from locked farm land

My Father’s Grandma has two daughters; She registered the property to her daughter’s without doing sub-division or family partition. After that I and my Father Mother's sister's grandson got patta based on the usage. Till now am going via his land. our land is behind to their land. so i don’t have any alternative path to connect my land to public path. Now they are constructing compound wall across their property due to that we are losing our Path to access our property.

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4 Replies

Imtiyaz Hussain 30 July 2018

File a suit for easementary rights violation through your advocate.

sankar palanisamy (Private employee) 31 July 2018

Thanks you Sir,I have few other queries as well.

Q1: I want to know, What will happen if we are Filing an suit for easementary rights violation.

Q2:Its our ancester property. they registered to their daughter in 1946.after that we their daoughters and also daoughters childerns didnt do family partition. their grand grand childerns only got the patta without family partition. Can you tell me this case we will have Rights of way or not

Kumar Doab (FIN) 01 August 2018

If the said land was Lady’s (your Grandmother) self earned/acquired/absolute property i.e. Lady was title holder/owner of said land then she could very well dispose the said land in her life time in anyone’s favor e.g; her daughter without anyone’s consent or need of any family sub division or family partition..

If IT was say; ancestral/joint family property then she could not dispose more than her share..

IT is not clear from query by which valid/registered deed she disposed in favor of her daughter e.g; gift/sale deed?

And on what valid basis (usage as posted by you) the patta was given to others?

Kumar Doab (FIN) 01 August 2018

Discuss in person with a very able senior LOCAL counsel of unshakable repute and integrity specializing in revenue/civil matters and well versed with latest citations, LOCAL applicable rules/laws/ … and having successful track record…. and worth his/her salt…..and show the documents/evidence for a considered opinion..

At each location three are some counsels that specialize in such matters and they are well known.

Check for such counsels at LOCAL civil courts, HC……

Your LOCAL counsel may opine to approach court for easement rights.