Hello

It cannot be possible that the only road leasing to your house belongs to a person as there has to be a road leasing to your house.

Therefore file a complaint against that person in the sdm court and if he does not do anything file the representation before a dm and in case there is urgency then file a writ petition before the hc and It will give appropriate directions to the sdm to resolve the problem.

Regards

1. This is easement of necessity under the Easement act as this path is necessary for you to reach your house.

2. Reasonable size road so that the owner does not suffer losses and you get a way to pass a way to access you property. A single vehicle can go that size of road i.e 8 to 10 ft wide way.

3. There is no specification regarding same if it is a way through private land it can be kacha road also without cement.

File a suit before the court along with an interim relief application for way so that till disposal status quo can be maintained.

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.

2) you can claim easmentary right of necessity as there is no other way to reach your house

3) under section 35 of easement act you can obtain permanent injunction restraining your neighbour from obstructing your right of passage . pending hearing and final disposal of suit you can claim

4) Road need not be of concrete can be of bitumen ie tarred road

1. if the said pathway is a private land and you ave been using it for less than 15 years then you can exercise any legal right over this.

2. only after a long user as only access to your house you can claim elementary rights over this private land as your pathway.

3. However since he also does not have papers to show his ownership over it you can file a declaratory suit that this land be allowed to use as pathway being only accessible road to reach your house.

4. once you get decree from court then only try to cement this road. before this you may be landed with trouble.

who is the owner of land on which house has been constructed by you ?

is gram panchayat owner of land ?

Hi, it is advisable to file a civil suit for permanent injuction in order to restrain him from blocking the road

you may not be having those documents but how can a road, which is the only road to access your house, be closed if there is no other way which is against all the established principles of the easements act.

you shall need all the papers related to the land, house your village, your ancestry.

regards

This is my response to you:

1. You will have to approach the tehsildar and then collector of your area;

2. If they do not respond to your formal complaint then approach the state commissioner;

3. Last option is to file a writ petition in the high court and get speedy justice;

4. Collect all documents in your favour;

5. The plethora of land laws that can be applicable to your case after verification of the documents;

6. More importantly Maharashtra Land Revenue Code will be applicable in your case.

I have few Questions.

1.Which Law section made for such cases.

Civil law will be applicable to this.

You may file a suit for mandatory injunction against that person t restrain from blocking the pathway that has been used by others for their access to road and for ingress and egress.

An easement suit would be the option before you besides mandatory injunction releif.

2.As per law what is the road size in such cases.

It depends. The correct measurement of the properties adjoining the road access shall decide. You can get the information clarified as per the local roads through country planning department or from a local surveyor.

3.As per law how is road should be. (Means cement concrete or no temporary or permanent)

You can get this clarified from the local country planning authority and the local revenue department

But as said earlier in my question , I don't have any 7/12 paper of my house land.As our house belongs to Grampanchayat zone we only have assessment paper of my house and house property tax receipts.My house build in Gavthan area of my village.

In the absence of any relevant paper or the registered title document, how do you say that this property belongs to you?

However the tax receipts will come to our rescue

Sir can file a suit and pray for court commissioner report before the court, the court shall appoint court commissioner and he shall give all the details regarding situation of property and the way. Further you can file suit with all the available documents like village map if the way is shown in that, your house tax receipts bills etc.