• Property

Hello sir, My queston is
My grandfather did a will to his 4 sons. as per the will every son has different areas my is having the most backward area of the portion. now my two (3rd &4th) got roadside property and they are going to convert it in a Patrol Pump. As my father is the eldest brother and very simple and gentler person he has signed on all the required documents to continue the work. My father is also running very small business in his portion but now my uncles do not allow anyone to come in side thru the common road as per the layout. they are trying to acquire the road thru their different business even do misbehave with my father. I just want that legally how can I tackle this situation. is there any provision to solve the issue OR can we file a stay order against the construction of patrol pump.

Asked 7 years ago in Property Law
Religion: Hindu

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2 Answers

1)file suit for partition for division of land by metes and bounds

2) also seek orders to restrain his brothers from disturbing his access to property

Ajay Sethi
Advocate, Mumbai
95205 Answers
7607 Consultations

5.0 on 5.0

If your father's brothers create nuisance and try to do the mischief of blocking the pathway to your father's portion of property or blocking the people visiting your father's business, he can file a suit for mandatory injunction restraining them from doing such mischief and also for easement rights for ingress and egress to his property.

Suit for easement rights and mandatory injunction can be a proper relief to this situation.

T Kalaiselvan
Advocate, Vellore
85404 Answers
2236 Consultations

5.0 on 5.0

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