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Plot NO 119,FLAT NO. 8 Bapuji (Quality Assurance Engineer Department of Defence Production)     19 September 2024

Amma land dkt dt 19 Sep

Respected Sir/Madam,
I am submitting this query with grief as below:

Can I get easement from my portion of ancestral agricultural land through my cousin brother( chacha ji ka beta)and own brothers portion of ancestral agricultural land. These ancestral agricultural land is inherited to all of us from our grandfather Late Shri Guttikonda Tirapaiah s/o Late Guttikonda Pullaiah garu

we have been using the path for the last 50 years to the demise of our elders / ancestors.

But all of sudden ,due to jealousy and greedy money, my own blood relatives have become enemies.

I want to compromise if they allow me to permit to pass on the way and give easement.

Please advise me accordingly


 3 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     19 September 2024

You can get easement from your portion of ancestral agricultural land through your cousin brother and own brothers' portion of ancestral agricultural land ¹. However, you should know that easement rights can be complex and may vary depending on the specific circumstances. For instance, the Indian Easements Act of 1882 states that a person can transfer a portion of land in exchange for a right of way ². But, if your brother refuses to give you easement, you may need to file a case against him ³. It's also important to note that ancestral property rights can be complex, especially when it comes to agricultural land ¹. If you're unsure about your rights or the process, it's always best to consult with a lawyer who specializes in property law. Additionally, you may want to review the Hindu Succession Act of 1956, which outlines the rights of heirs to ancestral property ¹. However, this act doesn't address the issue of easement rights specifically, so it's important to consult with a lawyer to understand your options. Remember, it's always better to be safe than sorry when it comes to property rights, so don't hesitate to seek professional advice if you're unsure about any aspect of the process.

T. Kalaiselvan, Advocate (Advocate)     19 September 2024

An easement by necessity is a legal right that gives someone access to another property to use their own property. It's often created when a piece of land is split and one of the resulting parcels is landlocked, meaning it has no access to a road. For example, if a landowner sells part of their land and the remaining parcel is landlocked, the original owner may need to cross their neighbor's land to reach the closest road.

To establish an easement by necessity, the following conditions must be met:

The dominant and servient estates were previously owned by the same person or entity

The easement is necessary for the use of the dominant estate

The dominant estate became landlocked after the land was partitioned

There is no other way to enter or exit the dominant estate except by crossing the servient estate.

Pradeepkumar   20 September 2024

In this case, what is the maximum breadth of pathway in feet can be obtained 


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