Once the property has been given to the panchayat it cannot be taken back although some arrangement can be made so that you may construct your house there. Ask for permission from the panchayat so that the room may be constructed elsewhere on the land.
Government property in front of my house
Sir, I have 10 cents property, where I would like to construct a house in kerala. But in 1970 my grand father had given one cent from the entire family property to panchayat for installing a radio for villagers to listen. He had constructed a room for it and given the land also to panchayat without any monetary trasaction. But now my family share is just behind this land and I have no way to access road. Is there any way to demolish the small room and get an access to road through the panchayat property?
Asked 4 years ago in Property Law
Religion: Hindu
15 Answers
I would like to give a correction. This is just a land and hoise is not yet constructed. And I have no other property in my name
Asked 4 years ago
Once gift deed is executed duly stamped and registered panchayat is absolute owner of one cent of land
2) you cannot demolish room without panchayat consent
3) you can with panchayat permission demolish room to construct your house then rebuild room for panchayat use
- If the said one cent property was given to Panchayat by a registered Gift deed , then it cannot be cancelled without a court order .
- Further, you cannot demolish or encroach the said portion of land without a permission of the Panchayat.
- Since, you have no access to road , then you should give a written application for the same to the head of Panchayat .
- If refused, then lodge your complaint with the commissioner of Municipal Corporation of your area for arranging the same.
- if no response, then file a suit against the Panchayat under the Indian Easement act , for claiming path to your property from the said gifted property.
Since no transfer deed has been executed by your grand father and land provided gratuitously for radio, title in the land still vest in your family. You can shift the room, demolish and construct on side way. So that room keep using for the purpose it was constructed and you also get access to your land.
If the room belongs to you then there is no issue but if not. Then you have to get the court order for the same if panchayat is not granting you permission
Dear Sir,
If the registration or transfer of the said land for radio has not been done, you may claim the possession and do the needful as per your wish.
If there is no registered document executed by your grandfather in favour of the Village Panchayat, in respect of one cent of land, then you and your family can reoccupy the property in question.
1. IF one cent Land was mutated /transferred in name of Gram Panchayat, THEN you have to settle amicable to remove the constructed room and re-build room in another corner of the plot. This has to be done via a registered "settlement deed" between the land owner and the gram panchayat.
In 1970 did the land was transferred to the panchayat via registered documents?
If yes than you have to take permission from panchayat to get a way from that portion.
If No, than you are the woner and can do anything
The property , if it was transferred to the panchayat by a registered gift deed by your grandfather then it becomes government property, which cannot be demolished by you.
You will booked for a crimninal offence for damaging government property.
How are you accessing the road so far after this property was transferred to the government by your grandfather, i.e., for the past 50 years?
This road access problem is not a new one, if at all it is a problem.
You cannot create a problem or raise a civil suit seeking easement rights for road access all of a sudden that too by allowing it to remain for 50 years.
You may discuss with a local advocate who may suggest any other plan to tackle this situation based on the prevailing situation.
Alternately you can claim re-partition of the entire property with easement rights to road access from your property after proper partition among the shareholders.
You may have to make some arrangement for road access by leaving sufficient space in your property for this purpose, if not feasible then you may have to arrange for re-partition with easement facilities to enable you to have road access facilities as other shareholders enjoy.
if your grand father executed registered gift deed then you cannot demolish without consent of panchayat.
If your only grievance is that you are not able to access the road from your land then the remedy is to file a suit for declaration of your easementary right and also seek permanent injunction to stop others from creating any obstacles in the use of land.
Act as mentioned herein above
Yes you need to file suit against panchayat for providing you pathway to your property under Indian easement act.
