You cannot force them to surrender road to panchayat
you have easmentary right of necessity as there is no other access to your land
Path to the land
My father recently bought a property in the same village panchayat we are living right now. The property have pathway of 18ft broad and 270ft long from panchayat main road. The road connects 5 properties to the panchayat main road, all belong to a family of 3 brothers. Now all properties been sold to different entities, showing that the 18ft road is common for all of them. Now we are asking the original land owners (the 3 brothers) to surrender the road to the village panchayat so that we can avail benefits of tar paved road, street light, water connection etc. They are resisting to give the pathway to village panchayat. How can i proceed in this case? They have sold all the surrounding land and now they own nothing there, to proceed with the work it requires that the roadway to be submitted to the village panchayat, my property being at the end of the road it will cost me dearly to do all work by myself, if given to panchayat we will get all benefits like sewer, power line and water line. Is there any other way we can deal with this matter?
Asked 4 years ago in Property Law
Religion: Hindu
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14 Answers
1. IF original Land owners do not have any land holdings left in their original layout plan, THEN all the present owners can "jointly" file for a Declaration Suit in the local Civil court, for your required purposes.
2. The Court would direct the Gram Panchayat to confiscate /acquire the pathway land for their purposes, wherein all the people in the village would be entitled to use all the common facilities after the gram panchyat has taken over the land.
You need to approach court with the said direction to the party in the matter
File a suit for specific performance against the panchayat (ofcourse procedural action, not any disputed way) to get you all the amenities,
If the original owner of land have sold all the land except that road area then property owner surrounding the pathway can make an application in revenue office for demarcation of property as per existing plan and mark the pathway as village road in map of village.
After demarcation of pathway as village road You ask village panchayat for proper development of pathway.
Is there is any clause in the partition deed tht this common path way has to be surrendered to the panchayat board?,
If no then, you cannot compel your other shareholders to surrender this pathway to the village panchayat.
It is there will and wish because they were not having any restrictive usage of the land nor they guards of your landed property.
1. If the original land owners do not have title to the road which is in their possession then their possession of it is illegal.
2. File a suit for declaration and mandatory injunction against the original owners and Gram Panchayat to take over the road.
Please approach Punchayat and Punchayat would definitely succeed to get help from BLOCK DEVELOPMENT AUTHORITY to get the property acquired from anyone for the development of public utilities in the area where you want to carry out development projects for all.
Please approach and take the help of gram Punchayat for your project without any hurdles and legal expenses.
All the best.
Best regards.
Hi,it is advisable to file a civil suit for specific performance in court
From the facts presented here, it is gathered that your have right of access to your property through the common pathway. As such, you have no grievance against the three brothers. You cannot legally ask them to gift away the common pathway to the local panchayat.
When the path is shown common road for all than on the sale of property path itself transferred to new purchasers and sellers have no right anymore.
You are wasting your time by approaching sellers, they will take advantage of it. New owners have absolute right to hand over the path to panchayat.
In this regard you can file Civil Suit under easementory Right of path along with application under order 39 rule 1 & 2 CPC for temporary mandatory injunction to restore the path immediately.
Dear Sir,
You are suggested to serve a legal notice to the previous land owners (03 brothers) as well as to the news owners for providing you the access of the road and if not done by them, file the case with village panchayat as well as with the SDM/land revenue authorities.
You may file a case with the tehsil to give you a right of way. Nobody can deny you that. They cannot block access to the road.
