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DR M K MISHRA   09 December 2017

A property right

It is a case of ancestral property. There were two brothers, one of them was my father. They had a house  , in a native village in Madhya Pradesh ,  in which the front part of the house was given to elder brother of my father and the back side of the house was given to my father in a family partition in the year about 1940. The way/passage for exit/ entrance  was common for both family and that way passes from the ”Angan” ( a small piece of land between two house)and a part of house in their possession . As the time passes my father and his elder brother passed away. Again the next generation also passed away and only I and some of second generation from other side called  nephew are alive. Due to passage of time the part of house in back side  in which we were having our possession ,also demolished/fallen as it was age old, so I built  a new house there in my part. The  front part of the old house is also about to fall and this is in possession of so called  nephew .

                        Now the nephew is putting objection for the way/passage/exit /entrance  which we were using from two generation as well as that part of age old house is about to fall any time and it may fall on anybody  creating danger to our life . The nephew is though not residing there and he is now a days somewhere in Rajsthan. I  requested him to either sell that front part of house to me or to construct the same but he refused due to politics of village/relative. I reported the matter to concerned Tahsildar  but he refused to interfere.

My question is how to come out of the situation because the front part of common exit /entrance   of the age old  house is about to fall at any time creating danger to our life? Please suggest me the legal options if any available .


 8 Replies

Siddharth Srivastava (Advocate)     09 December 2017

There is nothing to worry. You have got "Easementary" right over the passage and even you have independent right of passage to approach your property. The objection of nephew is not sustainable in law. File suit for permanent and mandatory injunction. Consult a lawyer with details.

1 Like

DR M K MISHRA   10 December 2017

Thanks Sir for your an early reply.Regards


Kumar Doab (FIN)     13 December 2017

The family partition as posted by you is registered?

The boundaries of common passage, angan are mentioned in it?

Kumar Doab (FIN)     13 December 2017

In any case, post partition, the both bothers have been enjoying their respective share and common area and same status should pass to their legal heirs.

In that case easement rights may not be any requirement.

You can ask but not force the other legal heirs to sell their share(s) to you. 

Regarding the structure that is dilapidated and about to fall and poses threat to life and limbs and safety, you may try by approaching other legal heirs of deceased uncle and try and sense may prevail.

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Kumar Doab (FIN)     13 December 2017

Or approach the authority under whose jurisdiction property falls e.g; MC.

Or entrust the matter to a very able senior LOCAL counsel of unshakable repute and integrity specializing in civil matters having successful track record in such matters.

DR M K MISHRA   14 December 2017

Sir, in villages of  Madhya Pradesh the land on which the native lives is called "avadi" land and the natives used to construct the house on that "avadi" land and used to live from generations and nobody's   name  has been registered  on in record of government , though the native only have " KABJJA ".on that land.


Kumar Doab (FIN)     15 December 2017

Dear LCI Querist @ Dr. M.K.Mishra,


The avadi and kabzaa were not posted in your previous posts.

You mentioned about ‘to sell’ so it was presumed that persons are title holders/owners/Co-sharers.

Locally how is avadi/kabzaa land sold?

Both of the deceased were not title holders/owners… their legal heirs are also not title holders/owners.

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Kumar Doab (FIN)     15 December 2017

How such matters are resolved i.e. Kabzaa on said Avadi Land……say by Panchayat, Panches, Mukhiyaji etc etc ?

Try to resolve the matter by such customary approach, if it is possible.

Generically speaking; The each party had the kabzaa on their respective hissa and common land/structures/passage/Aangan and it is upto them to retain that.

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