• No road to my home

Sir, i live in a small village in dist munger of bihar. Sir my home is about 100 ft away from main road. Between my house and main road there is a plot of  15-20 kattah which is registered in the name of my uncle.  After my house there is also a 2 kattah plot which belongs to me only after that there is a small mohallah.(main road)-(my uncle)-(my home)-(my plot)-(mohallah). Problem is that we want to make a 10 ft wide road from main Rd to mohallah passing through in front of my house. I am ready to give land for road but my uncle is not at all anyhow. We are requesting him for many years but in vain. I am ready to pay even the cost of his taken land. There is no any other Rd by which we can reach the main Rd by a four wheeler.My question is- (1). Can we leagally demand my uncle a 10 ft road where at least an ambulance can reach our homes (2).- If yes refer me to that articles of IPC . (3).- Can i stop him leaglly if he starts construction to bllock the said path. (4).- Can i alone demand a 10 ft road from my house to main road.
Asked 1 year ago in Property Law from munger, Bihar
Religion: Hindu
1) you can claim easementary right of way by necessity over the suit property to access your house 

2)you can obtain permanent injunction restraining your uncle and other person from obstructing your right of passage .

3)  pending hearing and final disposal of suit you can claim interim reliefs

4)under section 32 of easement act you have Right to enjoyment without disturbance. -The owner or occupier of the dominant heritage is entitled to enjoy the easement without disturbance by any other person.

5) under section 35 of easement act injunction can be granted restraining disturbance of the easement

6)i n said suit seek appointment of commissioner who will carry out survey and submit his report whether there are any clear traces of cattle and vehicles passing through the suit track to reach and return back from the land of the plaintiffs
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1) you cannot take law into your hands

2) if your uncle is denying you access to the road you have to move court for necessary reliefs 

3) if you forcibly construct a road he will file criminal complaint against you for trespass 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
1) you cannot construct a drain along that road

2) approach local panchayat in this regard for construction of drains 
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
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.You can claim the right of easement by necessity.

But in the case of width of way, you  have to prove you used 10 feet way for ingress and agrees and no one obstructed till now .File an injunction suit against uncle and take out a commission immediately
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
Hi, you can't demand your uncle to leave 10 feet Road as his own property but you have the easement right over the path which he can't obstruct. 
Pradeep Bharathipura
Advocate, Bangalore
4105 Answers
133 Consultations
4.3 on 5.0
(1). Can we leagally demand my uncle a 10 ft road where at least an ambulance can reach our homes
If that is the only way for an access to your house property and it is the only ingress and egress pathway, then you can  claim easement rights through a court of law. You cannot specifically demand 10 feet land for easement purposes, neither you can claim anything that way legally. Selling out the pathway upto 10 feet willbe discretion of its owner.


 (2).- If yes refer me to that articles of IPC 
No legality in it.


. (3).- Can i stop him leaglly if he starts construction to bllock the said path.
If he obstructs your easement rights then you can approach court for enforcing the same by way of an injunction suit and for easement reliefs.

 (4).- Can i alone demand a 10 ft road from my house to main road.
No specific demand can be made. 




can i make a drain along with that road because i have no way for drain also. correction distance between main road to my house is 50-60 ft. thank u....
No,you cannot construct a drainage on your own, you can approach the local administration or municipality for this facility.



what action can be taken against us if we by force try to make road against my uncle's wish. can he put me in jail
It is a criminal offence under trespass laws.  On his complaint, the police can register a fir and arrest you for this illegal act. 
T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Hi sir/madam, you have every right to get access/road from the main road to your house in the form Easementary Rights. you have to take village map/map of the property which is include your area also. Please find in that map if any road is there a longtime before. If yes or not, you have to give one representation to the concerned authority for the same, but they have failed to do so, you have to file petition before jurisdictional court against your uncle and to concerned the area which is ought to be road area, made parties in civil suit for Easementary before civil court. Almost the easementary rights attached to the property, which is the subject matter of sale. The dominant heritages which are attached to the property - are also be transferred along with main property. An Servitude is incorporeal right defined as proprietary right, vested in a person or annexed to the property, belonging to other. U/s 4 of the Easements Act, 1882 - easement right cannot be detached from the dominant heritage. 
C. V. Jadhav
Advocate, Bangalore
262 Answers
3 Consultations
3.8 on 5.0
1. You cannot demand a road from your uncle by going to court, but you can claim the right to easement against your uncle. You may file a lawsuit to seek a judicial declaration of your right to use the land owned by your uncle to reach your property. 

2. IPC does not come into play in your case.

3. Drain cannot be made except without permission from the municipality or a court order.

4. If you employ force to construct the road your uncle can file a criminal case for trespass against you which may result in your arrest. This apart, he may also seek a stay order from the court.
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14158 Answers
128 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23377 Answers
1226 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18246 Answers
449 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5248 Answers
54 Consultations
4.9 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2786 Answers
41 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
444 Answers
15 Consultations
4.7 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
873 Answers
43 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1954 Answers
65 Consultations
5.0 on 5.0