(Querist) 04 September 2018
This query is : Resolved
My grandfather were 3 brothers and have 57 acre agri land in haryana as joint land. In 1972 they prepare a taksim deed. In this deed one dada ji land was on road or rasta and 2 other dada ji land was without any rasta. 1 dada was clever and 2 dada were simple and signed on his believe on taksim deed.
2 dada ji are going in their land by request . Ist dada ji not giving rasta in record Can 2 dada ji file a case for cancellations of taskim because not having rasta.
(Expert) 04 September 2018
After mutual consent they signed in the partition (taksim) deed. that means they agreed each other for the terms and conditions of the deed. so it is not easy to win the case. However consult a local advocate having well knowledge in property matters. It is better to decide the matter with elders and well wishers of your family in an amicable way to give rasta with written Agreement of easement rights with your 1st dadaji.
Dr J C Vashista
(Expert) 09 September 2018
Whether the partition deed is registered or not? It is, otherwise, a family settlement, which can be challenged. However, what the 2 generations were doing during the elapsed period of 46 years, no one noticed/ observed/ objected to such an arrangement ? How do you propose to get the limitation covered ? Consult a local prudent lawyer for better appreciation of facts, analyses, guidance and proper proceeding. If you feel, may contact me at Ch. No 647, 6th Floor, Lawyer's Chamber Block, Dwarka Courts Complex, Sector 10, Dwarka, New Delhi-110075: email firstname.lastname@example.org; Cell # 9891152939