• No remarked right of way to my property

Sir
 My father owned 20 acres of farmland.He partitioned it to us(4 siblings) before his death.partition was done without earmarking a right of way to each plot
.My land of 4 acres is situated is at the back of entire property.There is no road to my property.My elder brothers(all of them died) property is inherited by their children and have been partitioned between them after their death.
They have also cut road to their individual plots.this new road ends 20 meters away from my property.
so there is no direct access to my land.
What are the legal options available for me as they demanding a huge amount of money to allow using their road and cutting road of 20mtres of their land to my property.
Do I have a right of way as a part of inheritance as the entire farm land was owned by my father
Asked 5 years ago in Property Law
Religion: Muslim

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15 Answers

Yes, you have right as per The Easement Act and nobody can deny it, without paying single penny to them they have to allow you road or path way access till you're land from main road. 


RIGHT TO WAY
A right of way is a right to pass over the soil of another person uninterruptedly. Rights of way do not fall under the denomination of natural rights. They are discontinuous easement, and may be acquired in the same way as the other easements are acquired.

There are two classes of right of way
(a) Public rights of way which exist for the benefit of all people. They are called highway.
Their origin is in dedication express or implied.
(b) Private rights of way. These are vested in particular individuals or to owners of particular tenements: their origin is grant or prescription or belongs to certain classes of persons or certain portions of the public, such as the tenement of a manor, or the inhabitants of a parish or village, their origin is custom.

 

From your father's time you are using the way and suddenly they can't stop.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

You do have the right of way as per easement act.

Swarupananda Neogi
Advocate, Kolkata
2993 Answers
6 Consultations

- Since, your father had partitioned the property before his death , hence after getting the respective share , it become as self acquired property. 

- Further , as the said partitioned was without earmarking , and if the said partition was not through a registered partition deed , then you can file a Partition suit before the court for partition the property through a court order. 

- Further , as your plot is blocked from all sides by your siblings and you are unable to approach the road, hence for resolving the issue , you can lodge your complaint with the commissioner of Municipal Corporation of your area for arranging the same. 

- if no response, then file a suit against your sibling under The Indian Easement act ,  for claiming path to your land  from their property.

.- under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your siblings from obstructing your right to access till road. 

Mohammed Shahzad
Advocate, Delhi
15836 Answers
242 Consultations

Yes definitely you have easements right under Indian Easement Act 1882.

As per section 15 of Indian Easement Act 1882 you do have right of way.

You need to file suit for the relief before the Court of Law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

 

you can claim easmentary right of necessity if 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 .

Ajay Sethi
Advocate, Mumbai
99891 Answers
8153 Consultations

 you have an easementary right of way through the adjacent land. If the adjacent owner is not allowing you access then you can file a suit in court seeking to enforce right of way.. 

Mohammed Mujeeb
Advocate, Hyderabad
19350 Answers
32 Consultations

OPTION - 1:

1. Settle amicably with a reasonable sum via a registered "Deed of Arrangement" clearly specifying the Right of Passage of 10 feet width upto your land. 

OPTION - 2:

2.  File local Civil Court Suit for "Right of Passage" under the Easement Act, supported with proper survey report of the entire layout of 20 acres showing that you do not have access to your land and seek appropriate court orders to that affect.

 

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

Right to path was needed to mention in partition deed. Now have to file suit of easement - right to path in court.

They have already made the road to access their portions so to reach your portion court may grant releif to extend the road for your free movement.

Yogendra Singh Rajawat
Advocate, Jaipur
23085 Answers
31 Consultations

Yes you have a right under easement law. You can approach court for the same

Prashant Nayak
Advocate, Mumbai
34602 Answers
249 Consultations

You can file a suit for easement rights. 

You have rights to access to road.

Your rights cannot be denied. 

If they don't come for a compromise or an amicable settlement you may have to approach court for relief and remedy. 

Discuss with your advocate properly and at length about the procedures to be followed in this regard. 

T Kalaiselvan
Advocate, Vellore
90093 Answers
2503 Consultations

File an application for providing you the way to the land revenue office 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. If you have no other path to access your share then you have a right of easement over the land of your siblings which is in front.

2. A suit for declaration of easementary right and permanent injunction can be filed against siblings in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You have to file a case of easementary right to access your land and you have to make your other brothers legal hairs as a party to respond this is a civil suit and you have to file this case in your district court.

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

No need to pay any money for getting your right to access road from your land. 

You can file suit against all the owners of those land under Indian easement act to claim your access to nearest road from your land. 

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Yes a right of way should have been decided beforehand. Anyways file a case under the easements act before the court so as to demarcate land for a path.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

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