My father has inherited ancestral property by a will. As the execution of the will(my uncle) had expired before my grand father(will maker) we had a long litigation for the letter of administration filed by my aunt. Finally the litigation has ended and the property divided as per the will. Our portion(40%) back side and Uncles portion(60%) front side. We don't have any entry path for car for this now physically undivided property. Can we file a partition suite and get a path for car entry to our portion of the property. What does the law say int his matter. Regards, Abhijeet
You can file a suit for easementary rights if there is no way for access to road from your house.
If the property was not partitioned properly, then you can even apply for partition , if they come for an amicable settlement then you can draw a partition deed with the desired conditions being recited in the partition deed and get it registered.
If they don't agree for a mutually agreed conditions in the partition then you may appraoch court for partition and also for easementary rights
Yes you can file partition suit Or you can also file easement petition to get the same
You can claim easmentary right of necessity as there is no access to your land
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) 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 interim reliefs
4) you can also file suit for partition for division of property by metes and bounds
1. Right of easement through necessity survives to you if there is no alternate path for you to take your car inside.
2. A suit for declaration of easementary right and permanent injunction may be filed in the competent civil court.
Yes you can file suit for partition and divide it by metes and bounds.
Further, going by contents of your post, it is seen that your right to accesses is also effected, as such, you can also file suit for permanent injunction (Optional)
1. Based on the available land survey report, file application under the "Easement Act", before the jurisdictional district Civil Court, and pray for directions for Right of Way passage of 3 meters (which will give Car accessible road), at the terms & conditions as decided by the Court.
Have to file suit of easement to claim right to path.
you may file a suit for easement rights otherwise, request the owner to allow you .
1. No you cannot get access for car though partition suit.
2. You have to file suit under easement act to get path for your property from front if you doesn't have any access to your property or you can purchase the portion from Uncle property in front to get access for your car.
