Regarding land dispute
Aayesha
(Querist) 19 August 2021
This query is : Resolved
My grandfather has two sons so he has divided the property in between two sons but it got registered in notary paper of Rs 1000 in 2017.My question is my grandfather and uncle has forced my parents to sign in notary paper stating that we will gave to give 10 ft from our land for rasta to my uncle and we cannot obstruct that path.As he Is also having his own rasta but to irritate us and to make our land they have done intentionally is there any law where we can fight for this or this can become invalid .
kavksatyanarayana
(Expert) 19 August 2021
As the property is your grandfather's own, he can do as he wishes during his life. If he died intestate, then all the legal heirs of your grandfather have equal rights over his property.
Pradipta Nath
(Expert) 20 August 2021
Move a section 144 CrPc petition and pray for status quo and maintenance of peace and order. Aside file a declaration suit praying for permanent injunction and invalidating the clause. Consult an Advocate for better appreciation of facts.
Aayesha
(Querist) 20 August 2021
Dear Sir, Pradipta Math
Can a declaration suit for praying for permanent injunction and invalidating the clause can work in my favor or I can challenge in the court regarding the property.
Pradipta Nath
(Expert) 20 August 2021
What are the basis of challenging the property?
Aayesha
(Querist) 20 August 2021
Sir in our notary paper it is written that there is no road from his side but in his paper it is written that 15ft road is there from his side.
P. Venu
(Expert) 20 August 2021
Is the grandfather alive? Are there any other legal heirs to the grandfather?
SHIRISH PAWAR, 7738990900
(Expert) 20 August 2021
Hello,
If in the notary document no road is mentioned then no need to give land for the road. If he still threatens then you can file a declaratory suit in civil court. Consult with local advocate for filing suit.
Aayesha
(Querist) 20 August 2021
In the notary it is mentioned that we have to give 10ft from our personal land he from his land also there is 15 ft road is there for him
Aayesha
(Querist) 20 August 2021
Yes my grandfather is alive he is only creating all the issue
P. Venu
(Expert) 20 August 2021
Are there any other legal heirs to the grandfather? Furthermore, which is the personal law applicable?
Dr J C Vashista
(Expert) 21 August 2021
Settle the issue of rasta amicably otherwise file a suit for declaration in the appropriate court
It is better to consult and engage a local prudent lawyer for appreciation of facts / documents, professional advise and necessary proceeding.
