By law must I give any road to my rear land owner
My Father buyed a 6.5 Katha Land in Patna and registered the property direct on the name of six Sons and one for his manager. so in 7 parts. As per documents 4 brothers got 1-1 katha and 3 persons i , one of my brother and manager got 2.5 katha divided in three parts. its coming in some DHUR. per head. But given us on the road side. now the land is blocked by 3 sides as all neighbours build there buildings.so the only way for the 4 brothers is to go through us (3 peoples who are on the road.) Every one is having regd documents with the CHAUDHI written.For we 3 persons, the width is 20+20+20 ft I am in one side my brother is in middle and manager is in other side. On our 3 persons land old construction of shops done by father,As it is on Road. and he was earning all the rentals up to his death.At present shops are rented.As i live not in patna, so the brothers are giving me warning every day that they will break the shop and take the road of 10 feet for back side land through Gundas.Now my questions are as below.
1)If i will give the road of 10 ft for back side land than for me there is a useless land left, as its too small already. so by Law i must give any Road or not.As i want to earn rentals from my shop. If yes, i must get payment for it or not.
2)Also please advise, if all 3 persons have to give road? as everyone is having 20 ft wide land.or only who is in the middle of land?
3)If my brothers are not willing to have a good relations with me, and blackmailing be that they will take the road through gundas, how can i protect my rights.May be i should act now and put something like 144 or any other act that they cannot destroy (break) my Shop. And what step must be taken by me, if i will hear that they break my shop illigal and make a road.
4)When the land was buyed on my name i was minor, and as a guardian written is my father. now i have to change the regd document? or itself now i am the owner as a adult?
Asked 2 years ago in Property Law from Bangalore, Karnataka
1) please note that your brothers cannot take law into their hands and demolish your shop .
2) in the event they demolish shop with help of local goons you can lodge police complaint against your brothers .
3) install cctv cameras around your shop and place security guards if feasible .
4) since land was bought in your name you are the absolute owner of said land
5) if your brother call you and threaten you then you can lodge police complaint against them for criminal intimidation . under section 506 of IPC
6) if your brother have no access to their land they can claim right of way to access their land through your land under provisions of Indian easement act
Technically the front portion holder of land will have to give a portion of it for the egress and ingress of the back side landholder f there is no more land available for the same.
2. So what your brothers are demanding are legally right.
3. However there is any breach of peace by way of taking law unto your hands, you can file a declaratory suit and for injunction so they may not cause trouble in running shops till the dispute is adjudicated.
4. Since you have now attained majority you can stake claim on the deed registered in your name. You need not make any further formalities.
1)Under easement rights your brothers can demand a way if there is no other access to reach the land presently.That is a legally viable right. However if you have to give land 10 feet wide is a question to be decided by the court or arrived at by mutual consensus.
2) Under no circumstances your brothers have any right to intimidate and threaten you. File a police complaint in the locality where the land and the shop are located against their crime of criminal intimidation.
3) As the land was registered in your name at the time it was purchased , upon attaining majority you can stake claim and there is no dispute regarding your ownership or title to the property.
4) All the people having land that is land locked have to equally contribute for the making of the path/road.
first you should get temporary injunction order and protect land from any loss. then settle this issue . it became very complicated issue because every owner has right to get road for access of his house according to law of easement. protect your land let the court to decide because it can not be decided by mutual consent, your brother's intention is not fair.
Hi, as per the law if the other party don't have any other access to the land then you must give way for free ingress and egress and it is easement of necessity and back side owner have no other alternative road you must allow them to for free ingress and egress.
1. Your brothers can not break your shop taking law in their own hand,
2. You can not be forced to give your land for the road without any court order,
3. File a police complaint immediately agaisnt your brothers and also obtain stay order from Court against their effort to break your shop,
4. You can also file a police complaint against criminal intimidation of your brothers.
Thank you very much for your answers.Please advise, if the court will give my land as road, i will get the payment for my land or not from my brothers? And forget to ask, The deed for me and for my brother is together.there is written we two are the owner of the land. How can i divide my land from him? I want my land to be separate from him and the deed also.because what i think to take any action i must take order from him also?
Asked 2 years ago
Hi, your brother may release his share to your property or you may release his share to his property so that the both can divide the property equally.
2. For compensation of the amount it is depending upon the agreement between the parties and your brother is entitled for only access to the land and not ownership of your land.
1) your brother is co owner of said land . as such your brother has right of way to access his land
2) if you want to divide your land enter into deed of partition with your brother
3) if you r brother refuses file suit for partition for division of land by metes and bounds
1. Those 4 brothers have rught to maccess to their property through your land unless there is any other way to make such access,
2. But for the order from the Court for allowing their access to their properties, they shall have to file an application before the Court,
3. As regards your property jointly held with others, you shall have to execute and register a partition deed,
4. If other co-owners refuse to settle for the partition amicably, you can file a partition suit.