Agricultural land (1 Acre) purchased in 2001 by my father along with one of my uncle (1 Acre) on same date. After few days (probably 15 days) my another uncle purchased 17 gunta next to our land.
From East - 1 Acre (Uncle - {P}) - 1 Acre (My Father {V}) - 17 gunta (another Uncle {A})
Another agricultural land (2 Acre - East to my uncle {P} land) purchased by my father in 2003.
From East - 2 Acre (My Father {V} - 1 Acre (Uncle - {P}) - 1 Acre (My Father {V}) - 17 gunta (another Uncle {A})
When we purchased these lands, 15 foot road (east to west) was there at south and 8 foot road (south to north) at west side of our land. Few months back people from south, claims that this south road was theirs, our contribution was not there so they claim to give our contribution for the south road. Hence we agreed and gave 10 foot contribution from our south side. (My Father lost 3 gunta from 2+1 acre).
Ideally, for west side road contribution should be done from both side (east and west side people of the road) but in this case west side people contribution is not there and they are claiming they will not give.
Now my uncle {A} saying that west side 8 foot road is going from his 17 gunta land, he wants our contribution for west side road now.
In Reality, 5 gunta is missing from our 177 gunta (80+40+40+17) so we have decided to decrease our land as per our share of the land so we have lost 3.4 gunta out of 5 gunta for this missing area.
If we are agreeing contribution by share for west side road then we will lost another 2 gunta (out of 2.78 gunta road) so we are not accepting this and want equal contribution for west side road.
Now west side road is 8 foot and If in case in future some one wants to increase the road lets say 10/15 foot then again my uncle {A} wants our contribution based on share for the same so we don't want to make it by share, we want equal contribution for west side road. Even if we accept this by share then uncle {A} contribution would be 0.27 gunta (out of 2.78 gunta road) which is very negligible contribution from his side for west side road.
We have already lost 3.4 gunta (Missing area from 80+40+40+17), 3 gunta for south road and assuming 2 gunta so our lost would be near to 10 gunta out of 2+1 acre.
Q1. Can my uncle {A} claim our contribution for west side road after 20 years?
Q2. If yes what should be proportion of the contribution made? We are saying this should be divide by 3 (equal contribution) but my uncle {A} is saying based on the land / share, not divide by 3
Q.3 Was it necessary to give 10 foot contribution for south road from our side as south road was already there when we purchased in 2001/2003?
My uncle {A} and {P} along with others are pressuring us continuously
Q4. Please suggest what should i do in this case legally?
Q5. Can others (Land/road owners from which we are going/passing thru towards my land) restrict us to go from their road if my uncle {A} block his road?Well if any owner wants to widen the road than have to give portion from its land. OR either both neighbors mutually decide to give equal share from their land.
But in no case, neighbor can force to give portion of land for road. Your father can directly refuse and offer them both will share 50% for road.
Uncle cannot force you to contribute land
2) it should be equal contribution
3) you have already given contribution years back so cannot raise any grievance now
4) if uncle blocks your access claim easmentary right of necessity if there is no other access to your land
1. Limitation is gone he can only claim if he proves that he had no knowledge
2. It will be no of legal heirs by land share
3. Depends
4. If you feel like settlement you can settle else contest
5. You can approach court
1. No. Even a owner can not claim the land back if over this elementary rights have been acquired.
2. The contributors should be proportion to the area of ownership of the contiguous land owners.
3. No .
4. File a suit for declaration and injunction.
5. No. File same suit as stated above.
1. No, your uncle cannot claim after 20 years
2. Equal distribution
3. No.
4. You can file a suit for Declaration and Injunction before the court.
5. No
Dear Sir,
You uncle has no legal or ethical right to claim the contribution from your father for the west side road after 20 years and he may ask the compensation for the same from the concerned authority. Also, the present demand the of the uncle for share as per the land of the father and uncle. Also, there are no necessities for giving the 10 foot of contribution as there was road which was already existing at the time of the purchase. You are suggested to deny the same. The road should not be closed by the uncle, else he may be sued as per law.
1. Your father can refuse to allot the claimed contribution from your side and ask him to approach court of law for relief.
2. If there is no such mention in the resisted sale deed held in your father's possession and the talks fail to arrive at an amicable solution, your father can deny their demands and prepare to face them through court for proper relief.
3. You can decide based on the prevailing situation.
4. Your father can strongly refuse to budge to their pressures and ask them to go to court for relief, if they still torture, he can file an injunction suit against your uncles seeking to restrain them from interfering in his possession and enjoyment of the property in any manner
5. Anything can happen, before that you can arrive at an amicable solution instead of going on egos or unnecessary issues.
I would suggest you Please contact the Tehsildar of your area and apply for survey of your agricultural land as per records 7/12, form 6,7 and 8 along with index II of revenue department available in the office of Collector of Sangli and Sub-divisional officer as per M L R C Act.1966.
No one can snatch away your agricultural land purchased out of your hard earned money.
If Tehsildar, Sub-divisional officer and Collector of Sangli is not Co-operating then Pl approach Ministry of Revenue and Forest Development Department at Mantralaya Mumbai 400020 for addressed your grievances against injustice being caused to you by your neighbor land owners.
If you fail befor Government of Maharashtra then invoke Extraordinary Jurisdiction of Bombay High Court and claim back lawfully your land which are being encroached upon by hooligans and anti social elements.
Your uncle cannot claim.
equal distribution only.
no need to give again. .
file declaration suit .
He cannot claim anything. The documents will come in handy
File a case before the tehsildar in this case.
It should be divided equally.
