I have a plot in Rajasthan at Nokha a town which comes under bikaner district . The entrance of the plot is under my brother name and behind that the property is in my name as per my fathers will now this property is blocked from the other three sides and my brother is not willing to agree on mutual grounds to give the entrance to my property. Please help and advice as what's the legal way to get the entrance to my property. This is residential plot. Kindly contact me on firstname.lastname@example.org
Asked 2 years ago in Property Law from Ahmedabad, Gujarat
1) your brother cannot refuse to grant you right of way
2) you have easementary right of way over your brother land
3) issue legal notice to your brother to claim right of way
4) if brother refuses file suit for declaration for easemtary right of way
5) in said suit specifically mention that you don't have any other alternate way to access your land
6) also mention that easement as right of way of necessity over your brother land
1. Without entrance to the property the right to enjoyment of property cannot be exercised effectively.
2. So to secure the entrance to the property you can file a lawsuit for seeking court's directions to your brother to allow you access to the property,
1. You have the right of ingress and outgress to and from your land which is blocked from all sides,
2. File a suit claiming the right for ingress and outgress by using the land of your brother which is nearest to the common road/path.