See you can file a suit before the court claiming easement right over the path since you are using same from more then 20 years uninterrupted and also there is no other alternative path that exist to reach your property. 

You can claim easmentary right of necessity as there is no other 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 .

1. Since your uncle's land is the only access to reach the road and you have used the same for long without interruption ?, you have acquired easementary rights over the pathway on your uncle's land.

2. So this easement you have acquired bg using more than 15 years can't be relinquished or restricted by your uncle any more. 

3. If he restraints you from exercising this lawful rights you can file a suit for declaration and injunction. 

4. For using a pathway through easementary right you need not pay any compensation. 

Hi 

Yes you may need to pay some amount to buy the land from your uncle which can be used for the road to your land.

if your uncle refuses to sell his land to you than you can file a civil suit in the court of Thesildar for providing you with the access to your land.

Thanks

No need to pay any single penny to you uncle if you are using this road since last 25 years.

As per the Indian Easement s Acts.

Section 15 of the Indian Easements Act lays down that where a right of way or any other easement has been peaceably and openly enjoyed by any... person claiming title thereto, as an easement and as of right, without interruption, and for twenty years the right shall be absolute.

1. Easementary rights and right of way exist for you when there is no other approach road to enter your land, other than your uncle's land.

2. Enter into an agreement with your uncle and resolve the issue by mutually deciding the matter.

1. File suit against your uncle under The Indian Easement act 1988 for claiming path to your land from his property.

2. In that suit claim permanent injunction against your uncle for restraining him from blocking your path for access to your land. 

3. No need to any compensation if he doesn't allow you to access your land without Filing of suit. If he agree to provide you access amicably then you can pay him compensation as decided between you both. 

Since it is inheirted land, you have right to path to approch your land. If partition is oral than keep mention that partition was effected with right to use land as road.

Complain to police agasint any restrictions. Otherwise, can obtain order from court - easement right - right to path.

No compensation payable if keep mentioning road is part of partition.

If your uncle is objecting or preventing you from using his land for access to road, then you can file a suit for easement rights by necessity.

An easement by necessity may be implied by law where an owner of land splits his property so that one of the resulting parcels is landlocked except for access across the other parcel.

 Easements by necessity are supported by public policy favoring the productive and beneficial enjoyment of property.

Many property easements are granted simply by the two property owners drafting an agreement and sending it in to the government to be placed on record in their city 

 Getting an easement agreement in order to legally access landlocked property is simple: you're basically legally entitled to have one.

This consists of the circumstances where the owner or occupier cannot use his property without exercising the right of easement over the servient heritage.

Thus, absolute necessity is the test and the convenience.

under Section 4 of The Indian Easements Act, 1882.

According to the provisions of Section 4, an easementary right  is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.

This right is granted because without the existence of this right an occupier or owner cannot fully enjoy his own property.

You can approach court with suit for easement rights by necessity with the support of documentary evidences to prove your usage of the adjacent land for ingress and egress so far and seek a mandatory injunction restraining your uncle from preventing you from using the land for your access to the road from your land. 

You do not need to pay for use the land of your uncle.  You can lawfully use the right of way through your uncle`s land for beneficial use of your land.  This is easement right. 

In case of any objection to use such right you can approach court to get permanent injunction to raise any objections to the right of way. 

You can file a civil suit before the concerned court claiming easement rights over the path since you are using the same for 20 years,

no compensation is payable for a legal right

Dear Sir, 

Your uncle can't stop access to your land from road and you may very well ask the same. You are suggested to give a legal notice to uncle in this regard and needful not done by uncle, file a suit for injunction against the uncle. 

1. You may prefer to petition the local Civil Court, under the easement act, for "right of passage" upto the extent of one truck way, stating that you do not have access to your property.

2. The court will direct survey and grant order for  "right of passage" upto the extent of one truck way, without any liability /compensation.

3. Other option is settle amicable with uncle, with mutual terms, conditions and compensations, via a proper Right of Way Agreement, duly registered, for permanent right.

You have access to the said road under the easement Act and cannot be denied. 

You have to options

1. Buy the portion of land for developing a road from your uncle .

2. Approach the court for getting right of way under Easement act (Easement by prescription )

Easements may relate to a right of way, a right to light and air, right to draw water, right to support, right to have overhanging eaves, right to drainage, right to a water course etc. Easements can be acquired by different ways and are of different kinds, that is,easement by grant, easement of necessity, easement by prescription, etc. A dominant owner seeking any declaratory or injunctive relief relating to an easementary right shall have to plead and prove the nature of easement, manner of acquisition of the easementary right, and the manner of disturbance or obstruction to the easementary right. The pleadings necessary to establish an easement by prescription, are different from the pleadings and proof necessary for easement of necessity or easement by grant. In regard to an easement by prescription, the plaintiff is required to plead and prove that he was in peaceful, open and uninterrupted enjoyment of the right for a period of twenty years (ending within two years next before the institution of the suit).

There is easementory law which provids provision for right of road to everyone in order to access or reach to his property. If there is no other way to reach to your land then you should file application in court in order to get access to your land.

1. Since you have been using the land of your uncle for 25 years to reach your land you have an easement by prescription as well as necessity.

2. You may file a suit for declaration of your easementary right and seek permanent injunction to stop him from blocking your easementary right over his land.

You can talk to your uncle and get the issue sorted out by involving elders of your family / community elders.

If he  does not heed, you can file suit claiming the "Right of Easement of Necessity" to approach your land which is being used by you since more than 25 years.

You can also file an application seeking permanent injunction against your uncle restraining him from interfering with your right to access to your land.

There is no need to pay any compensation for the same. 

However, if you want to compromise put an end to the disturbance once for all, you may do so, but the same needs to be captured in writing and get it registered by paying stamp duty.

Dear Sir,

You are entitled for road on the principle of easements. Just approach the civil court and get injunction against him.

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Easementary Rights

An easementary right is almost like a privilege, depriving which the owner of one tenement has a right to enjoy regarding that tenement in or over the tenement of another person, by reason of which the latter is obliged to suffer or abstain from doing something on his own tenement for the advantage of the former. Easementary right must possess the following essentials:

1. Dominant and survient tenement
2. Easement should accommodate the dominant tenement
3. Easementary rights must be possessed for the beneficial enjoyment of the dominant tenement.
4. Dominant and survient owners must be different persons.
5. The easementary rights should entitle the dominant owners to do and continue to do something or to prevent and continue to prevent something being done, or in respect of , the survient tenement; and
6. The something must be of a certain or well defined character and be capable of forming the subject matter of a grant

DESCRIPTION AND ANALYSIS :

A. RIGHT OF WAY

There are two classes of right of way

1. Public rights of way which exist for the benefit of all people. These are Highway, navigating way. Its origin is in dedication, express or implied.
2. By way of -Private rights of way which is vested in particular individuals or to owners of particular tenements; and its origin is found ingrant or prescription or to certain classes of persons or certain portions of the public, such as the tenement of a manor, or the inhabitant of the parish or village.

An easementary right of way is created by - Express grant or by immemorial custom, necessity or by prescription, or by statute or through private dedication. The term "general right of way" is applied to private rights of way on which there are no restriction except the necessary qualification, which nature or the law requires regarding all private rights of way. Actual significance of the term general right of way lies in its use in contradistinction to the special limitations expressed or inferred upon the user of any particular right of way over and above the limitations thus imposed by general law.

Apart from statute, the determination of the question who may use a right of way depends upon the nature and extent of the right. If the right is created by grant, the persons or classes or persons entitled to use it may be expressly limited by the terms of the instrument, a grant of this kind being construed, not strictly, but in accordance with the apparent intention of the parties. As a general rule the persons or the classes of persons who may use the right must be ascertained by construing the instrument having regard to the general circumstances surrounding the exception of the grant. The most important of these circumstances are the nature of the place over which the right is granted, and the nature of the dominant tenement, and the purposes for which that tenement is, in the contemplation of the parties, intended to be used.

A person who is enjoining the right of way by more than 20 years without any obstruction by the person in whose land a person pass thru, but one exception for this is; if such person having another way then he cannot claim easementary right by way of prescription1.

REMEDIES

It does not matter whether the way was created by express grant or by way of reservation, or is claimed under the doctrine of prescription. The nature of the remedy is the same.

The person claiming for an easementary right of way has the remedy to sue for an injunction - to restrain obstruction of the way or for getting damages. Whether any particular interruption amounts to an unlawful interference or not depends upon the nature of the right of way and of the place, and also on the circumstances of the case. If he suffers no damage by obstruction, nominal damages will be awarded only, and an injunction will be refused. A person who purported exercise of a right of way makes on excessive user of the survient tenement commits a trespass and may be restrained from doing at the instance of the survient owner. The factor for deciding the excessive user depends on the scope of the right, based on the true construction of an express grant or based on the user, established by the prescription as the case may be.

B. RIGHT OF LIGHT& AIR:

The right to light is basicaly the right to prevent the owner or occupier of an adjoining tenement from building or placing on his own land anything which has the effect of illegally obstructing or obscuring the light of the dominant tenement.

The easementary right to light is a right to be protected against a particular form of nuisance, and an action for the obstruction of light which has in fact been used and enjoyed for twenty years without having any interruption , or written consent cannot be sustained unless the obstruction amounts to an actionable nuisance.

The right of light is an easement and may be acquired.

1. by way of - either grant or by covenant, which may be express or implied.
2. as per the provisions of the India Easement Act, and by Presciption under the Prescription Act in England. These acts necessitate an enjoyment without interruption for a period of twenty years to confer the right.
3. by way of reservation on the sale of the survient tenement. If the vendor of a land desires to reserve any right in the nature of easement and for taking the benefit of his adjacent land which he is not parting with, he must do it by express words in the deed of conveyance, except in the case of easement of necessity.

The interference complained of amounts to a nuisance or not cannot be determined by the fact - whether the diminution is enough materially to lessen the amount of light previously enjoyed, nor it can be determined by the fact that how much light is left, without regard to what there was before, but it can be properly decided by the fact - whether the diminution (i.e. difference between the light before and the light after the obstruction) really makes the building to a sensible degree less fit than it was before, for the purposes of business or occupation as per the ordinary requirements of mankind.

So far as the easementary right to access of air is concerned, it is co-existence with the right to light. In this regard it is pertinent to note that the owner of the house cannot by prescription claim an entitlement of the flow and uninterrupted passage of current of wind, neither the owner of the house is entitled to right of uninterrupted flow of breeze as such, rather he can claim only such amount of air which is sufficient for sanitary purposes. He cannot be allowed to sustain his unjustifiable claim in this regard.

REMEDIES

Regarding the cases of easementary right of light the Courts generally do not interfere by way of injunction where the courts find that the obstruction of light is very slight and where the injury sustained is trifling, except in such rare and exceptional cases. Here again it is necessary to understand that no damage is substantial unless it materially diminishes the value of the dominant heritage, or interferes materially with physical comfort of the plaintiff, or prevents him from carrying on his accustomed business in the dominant heritage as beneficially as he had done previous to instituting the suit.

In India the Court has discretion: It may or may not issue an injunction depending on the fact- where the injury is such that pecuniary compensation would not afford adequate relief.

In some cases a mandatory injunction will also be granted. Court will grant such injunction where a man, who has a right to light and air which is obstructed by his neighbor's building, brings his suit and applies for an injunction as soon as he can after the commencement of the building, or after it has become apparent that the intended building will interfere with his light and air. But the court should be satisfied that a substantial loss of comfort has been caused and not a mere fanciful or visionary loss.

If plaintiff has not brought his suit or applied for an injunction at the earliest opportunity, and has waited till the building has been finished, and then asks the Court to have it removed, a mandatory injunction will not generally be granted.

File an easement suit.

Regards

Hi

1) Right to use the land for pathway is called easement rights and all you need to prove is that the easement right existed for more than 20 years.

2) Section 13 of Indian easement act will squarely apply to the present case. 

3) In your case, the easement right existing prior to partition and as such it is an implied grant. 

4) There is no legal necessity for the easement right to be mentioned in a partition deed as partition deed is about division of property by metes and bounds and easement rights can never be partitioned in law. 

5) You should file a suit for declaration of easement of necessity and seek permanent injunction against your uncle restraining him from doing any act that is obstructing your pathway. 

Hope this information is useful 

Approach the Civil Court and file a declaratory suit seeking a  declaration that you have a right to use your uncle's private land(mention survey no.) and also seek permanent injunction against him restraining your uncle from blocking or changing the nature of the way passing through his land which is currently being used by you and your family to reach your land. 

Dear Sir,

It is better to file a civil suit of easementary rights in your uncles land in civil court and get a right to way.

The concept of easement has been defined under Section 4 of The Indian Easements Act, 1882. According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land.

You have to file an application in the tehsildar office so that a public way can be made in tge land and you too have to give land. Right of way cannot be denied.