Civil Procedure Code (CPC)

Suggestion for registering shared private path in tamil nadu

This query is : Resolved 

Querist : Anonymous (Querist)
13 June 2021


We're group 4 landowners panning to partition our agricultural land with the private path which is 3-meter wide. This path ends at another land of mine (let's say "Land-B") which is not related to this partition and one of the owners is raising concern that I should not use this path to enter into "Land-B" but I somehow convinced him for now.

My Question is
1. What is the proper way to register this path, so that there won't be any such issue in the future. and giving full freedom to all the owners regardless of where they're going?. Because I'm planning to build a house in "Land-B" and need to use this path.
2. Is it possible to write off this 3-meter path as a gift deed to Panchayat? and Is there any condition that the path must have some minimum width to make gift deed to panchayat?

Sri Vijayan.AOnline (Expert)
13 June 2021

Do you have any other path to Land B?
You are saying that you have convinced the other partner. In this condition, if he agrees, make this clause appear in the partition deed.

Querist : Anonymous (Querist)
13 June 2021

Hello Vijayan Sir,

Thanks for your valuable suggestion

No, there is no other path to Land-B.

Is there any other way to legally sound without mentioning "Land-B" in the partition deed and give unrestricted access to all the owners? Even other owners want to use this path for their other properties. All of us want this path to be open without any restrictions so there will be some developmental activities in the future. Even considering writing a gift deed to the panchayat but some people saying there are some width requirements for that.

T. Kalaiselvan, Advocate Online (Expert)
14 June 2021

If the partition deed has not been drawn yet, then include the clause of public pathway the proposed 3 meter pathway and show it as separate schedule of property in which all the shareholders shall have equal rights to use this pathway shown as a separate schedule of property.
The registered partition deed shall become the authority to which nobody can raise a dispute at later stage for whatever reason in this regard

Dr J C VashistaOnline (Expert)
14 June 2021

It is mutual settlement between the partners to leave path for common / easy access to all the portions of the land after partition.
After the partition has been settled and demarcated with 3 meter wide road, it would form part of common usage as public road, although it was taken out of private / partnership owned land before registration of such settlement.
There is no question of "Gift Deed" to Panchayat.

Sankaranarayanan Online (Expert)
14 June 2021

in the partition deed you can demarcated as already pointed by expert Dr. vashist ji

P. Venu Online (Expert)
14 June 2021

Is it a case of partition of family property?

To my knowledge, there are two options. Path could be made over to Panchayat subject to the norms in vogue. There could be added advantage that the path/road would be maintained by the Panchayat. However, the path would no longer be a private path.

Alternately, the path could be partitioned as belonging you or another persons with all the parties to the deed and their successors in title having access without any limit or restrictions including that for access to four wheelers, as specified..

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