• Agricultural land and paths

I have agricultural land 6 acres. My cousin is is having 2 
 Acres. We both doesn't have path to our survey numbers. So we made an agreement for path the money require to built path has to be bared in 1:3 ratio we have made it as per agreement 7 years back on a 10 rupee stamp paper. That agreement says that total extent is 6 guntas. in that 4 guntas is mine 2 guntas is my cousin so these 6 guntas should be used for only for path not for cultivation. Now he is saying I doesn't was give my 2 guntas I don't want your 4 guntas don't to use my 2 guntas.clearly agreement says 6 guntas should be used to only for path. 7 years he didn't distrub now he is not allowing me. Is their any laws and acts to solve my problem.
Asked 8 years ago in Civil Law

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4 Answers

you can claim easmentary right of necessity to use 2 gunthas of his land as there is no other access to your house

2) Section 13 of the Indian Easements Act deals with easement of necessity An easement of necessity means an easement without which the property cannot be used at all. Mere convenience is not the test of an easement of necessity. It can be claimed only when there is absolute necessity for it, i.e. when the property cannot be used at all without the easement and not merely where it is necessary for its reasonable, or more convenient enjoyment. A man cannot acquire a right of way as an easement of necessity, if he has any other means of access to his land however more inconvenient it may be than be passing over his neighbours.

3) you can under section 35 of easement act obtain permanent injunction restraining your cousin from obstructing your right of passage

Ajay Sethi
Advocate, Mumbai
99806 Answers
8147 Consultations

The agreement would be valid and binding upon parties as it has been duly acted upon for period of 7 years

Ajay Sethi
Advocate, Mumbai
99806 Answers
8147 Consultations

Now he is saying I doesn't was give my 2 guntas I don't want your 4 guntas don't to use my 2 guntas.clearly agreement says 6 guntas should be used to only for path. 7 years he didn't distrub now he is not allowing me. Is their any laws and acts to solve my problem.

You can file a suit for specific reliefs seeking the releif as per the terms and conditions of the agreement between both.

No doubt the unregistered agreement cannot be enforced in court, but it is the basis for claiming relief and remedy for the pathway for an access to road.

T Kalaiselvan
Advocate, Vellore
90005 Answers
2496 Consultations

The agreement written on 10 rupee bond paper is valid. It was not made in Notary. Just wrote on bond paper in village with some elder people. Is that agreement is valid or not.

The unregistered agreement is not valid in the eyes of law, it cannot be taken as admissible evidence in court.

However you can file a suit for enforcing the agreement on the basis of oral agreement which was reduced to writing subsequently

T Kalaiselvan
Advocate, Vellore
90005 Answers
2496 Consultations

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