• Way to agriculture land in same survey number

Hi, 
We have a agricultural land of two acres, we have diveded one acres each for our two brothers, Elder brother got the front portion and younger brother got the back portion, but when I want to reach my back portion of land I need to cross my elder brother land, now he is not allowing to cross his land to reach my land, while we dividing we have not mentioned the road in the paper, but our both land comes in one survey number, kindly request to Wat to do??
Asked 5 years ago in Property Law
Religion: Hindu

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14 Answers

If survey no is not changed means it not legally partition done. so kindly apply for partition deed on paper and get proper demarcation and layout from collector office along with new survey number and a road to your portion according to Easement act.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

- If there is no registered Partition deed between you both , then that partition having no value in the eye of law, and further on that ground you cannot get a separate Survey number as well. 

- Since, your said brother is not allowing you to reach your land , then you can file a Partition suit before the court for legally partition of the property with all other facilities. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Dear Client,

You may file a case in the office of the Tehsildar for the the purpose of partition. 

Jaswant Singh
Advocate, Gurugram
930 Answers
2 Consultations

You can claim easmentary right of necessity as there is no other access to your land 

 

2)under section 35 of easement act you can obtain permanent injunction restraining your brother  from obstructing your right of passage . pending hearing and final disposal of suit you can claim interim reliefs .

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

This though should have come to your mind ad  the time of partition.

Making a hue and cry over this at this stage may not fetch you any fruitful result until you cancel the partition  the partition that was drawn between you and your brother for this reason or approach court seeking easement rights for road access.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

You have to buy the way.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. Either settle amicably .OR. file Civil Court Suit for 3 meter right of passage upto your plot of land, under the provisions of the Easement Act.

2. For above you would need survey layout plan of the land showing that you do not have access to your plot of land.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

You need to seek easement right or injunction from court for the same

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

You should have thought about it when you were dividing the property. Anyways a family arrangement can be reached by giving some portion of the land to him and he should also give some of the property so that an access road can be made.

Rahul Mishra
Advocate, Lucknow
14114 Answers
65 Consultations

Jus go for mediation

Roshan Khatri
Advocate, LUCKNOW
138 Answers

File partition suit on the basis of meets and bound. Than either he have to give you path way or partition vertically.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

File suit against your brother under Easement act to claim access to your and restrict him from blocking your access.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

you have to file a civil case for getting your easement rights. Do you have any other path way to enter into your property?. You have to prove your usage in others property for easement rights.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

Dear Sir/Madam,

You are suggested serve a legal notice to elder brother asking him to provide the access to your farm land and if notice is not  complied by him, file the suit in the court.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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