Proving common road
Krishna KS
(Querist) 14 October 2014
This query is : Resolved
Hi Sir/madam
My Inlaws have purchased a corner land 25 years ago and the owner has registered the land by allowing 5 feet passage to the only connectivity road (300 mtrs)in the deed.
Now the kins of the owner has developed the plots on either side of the 300 mtrs road and the road is also been tarred by BBMP (city corporation)
The kins of the owner claiming that, the road belongs to them and my inlaws are allowed to use only 5 feet road ( restricting the Car to come in the road.
Please advise, how to claim our rights to use the road fully.
Regards
KMurthy
Bangalore
P. Venu
(Expert) 15 October 2014
You may file a suit claiming easement of necessity.
Hemant Agarwal
(Expert) 15 October 2014
1. IF the 300 meter road is "tarred" by BBMP funds, THEN it means that the road is meant to be used by the public (even though it may not be declared as a public road).
2. Alongwith the above suggestions, ALSO file a private criminal complaint against the land-owners, in the local magistrates court, for criminally restricting and restraining you from reaching your property. This will set right the issue, permanently.
Keep Smiling .... Hemant Agarwal
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Krishna KS
(Querist) 15 October 2014
Hi Sir,
My sincere thanks to all the experts who have given their valuable advises.
I just want another clarification, If the Owner's Kins are claiming that though the converted road is Tarred road, it is still their private road and we are not supposed to use road and we should use only 5ft.
Sounds illogical but this is the issue.
BBMP is also not confirming it in writing, Please advise.
Devajyoti Barman
(Expert) 15 October 2014
File a writ petition i high court to set the dispute at rest.
Advocate Ravinder
(Expert) 15 October 2014
I Agree with Venu and Barman.
Complaint should be made to Municipal Authorities. If there is no Action you can do two thinkgs (1) A suit for mandatory injuction can also be filed against the encroacher. (2) Can file Writ Petition against the Municipal autorities and encroacher.
Krishna KS
(Querist) 16 October 2014
Hi Sir,
I would like to thank all the Experts who have given their valuable opinion/advise.
This gives immense confidence and courage to move forward.
thanks again
T. Kalaiselvan, Advocate
(Expert) 18 October 2014
As advised you have to initiate legal steps to enforce your easement rights, better consult a local advocate and proceed as suggested.
