Property partioned but not with satisfaction of member.
bhabagrahi nayak
(Querist) 11 January 2014
This query is : Resolved
we have partioned our property during 2001-2002, and got the share in 2 plot, 1st where we are having house and another which is adjcent to the same plot for which there is no road to reach the plot. we are facing problem to go to that plot.
Q.
1. What are the legal remedy available to us to got the plot which is adjacent to our plot?
Advocate. Arunagiri
(Expert) 11 January 2014
You have every right to get passage to your plot, if there was a passage provided, before your partition.
If there is no passge prior to your partition, you have to file a civil case for passage.
Anirudh
(Expert) 11 January 2014
Mr. Arunagiri,
Civil case against whom?
Anirudh
(Expert) 11 January 2014
Dear Bhabagrahi,
You say two plots are adjacent.
On what basis you say that there is no road to the other plot?
Rajendra K Goyal
(Expert) 11 January 2014
Depends upon many factors, terms of partition, whether plots are in authorized residential area or not, how the partition was done without approach to second plot. If you are living in the house you could have provisioned for the approach to second plot.
In absence of full facts, nothing positive can be advised, contact a local lawyer and show him all the documents.
Advocate. Arunagiri
(Expert) 11 January 2014
Civil can be initiated on the person, who is refusing to give passage to you.
Anirudh
(Expert) 12 January 2014
Dear Mr. Arunagiri,
I am sorry.
First let us understand the real facts.
Both the plots, which are adjacent to each other, belonged to the family.
The same was partitioned.
Prior to the partition, there does not appear to be any complaint because they had access (by road or otherwise).
Now, suddenly, after partition, how the access is not available?
There can be blockage of access, due to the way the partition has been done. Therefore, the question of any third party refusing passage may or may not be there.
Therefore, without knowing this, how can any one give any solution / answer?
If the particulars are lacking in the query, then we have to elicit it, before providing a solution, otherwise we will make ourselves a laughing stock.
Advocate. Arunagiri
(Expert) 12 January 2014
Mr.Anirudh,,
Please read my previous answer in this thread :
"You have every right to get passage to your plot, if there was a passage provided, before your partition.
If there is no passge prior to your partition, you have to file a civil case for passage."
Anirudh
(Expert) 12 January 2014
Dear Mr. Arunagiri,
My entire query is based on your earlier reply.
Once the partition had taken place, all the parties might have got their respective share.
After obtaining the respective share, if one is not having approach road, on whom the suit can be filed? In this case who can be said to be refusing the passage? That too the partition had taken place more than 12 years back. What was the querist doing all along? None of us know. Therefore, without knowing the facts, how can we give any answer?
While we are discussing the issue, the querist is not at all coming back with clarification.
Advocate. Arunagiri
(Expert) 12 January 2014
Every expert is having their own opinion, it is not necessary to agree to other's opinion.
It doesn't mean some opinion is wrong and other's are correct.
Even in the courts, the High court says trial court is wrong, The supreme court says the high court is wrong.
The basis is that two wise men wont think alike.
We are providing opinion, based on the information provided by the querist. We can fine tune the opinion.
If this querist is having a genuine problem, he will come back with additional information till he gets his problem resolved.
Advocate. Arunagiri
(Expert) 12 January 2014
Every expert will have their own opinion. It is not necessary that other experts should accept to it.
Just because giving a different opinion, we can not say that the opinion given by the other expert is incorrect.
Even in courts, the high court will say the trial court is wrong, the Supreme Court will say the high Court is wrong and will upheld the trial court’s order.
We in this forum are giving legal advice, based on the available information provided by the querist. In fact, for giving a property legal opinion, we have see the all the parent documents, EC, partition deed, etc and then only can give the exact opinion.
If the querist is not satisfied with our reply, he will give more details, till he gets the reply to his satisfaction.
