• Exit Path from My Home

Hi,

I have a paternal combined property with my Uncle. In the same my father built a joined house in 1984 along with my uncle. Now the one portion of that house is with me and one with my uncle. Me and my family living in the same house from the beginning. We  have a common exit path from the house.
My Uncles portion is facing the exit gate. Now he is saying to me to change the my path from some other side as he want to block that path. My Uncle is never living there but he is creating this issue with an excuse of privacy issue.

Please suggest me that can I sustain thru that particular path which we are using from last 30 years.
Asked 2 years ago in Property Law from Kangra, Himachal Pradesh
why not settle issue amicably with your uncle ? it is always better not to wash dirty linen in public . the exit gate is on uncle portion of house . you should agree to install exit gate near your portion of the house .
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
1. You by long use of the said pathway has accrued easementary right over the same.
2. Now you uncle legally can not restrain you to use the same.
3. However before he takes any extra-judicial means, do file a civil suit for declaration and injunction immediately in the local civil court..
4. This will solve your problem for good .
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Attempt to settle the dispute amicably with your uncle, failing which you may move to court for protecting and enforcing your legal rights. Since the house is undivided your uncle cannot claim exclusive use of the exit gate. Move to court and seek injunction against your uncle if all attempts to settle the issue amicably prove futile.
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
1. You have the easementary right to use the pathway which your Uncle can not refrain you from,

2. However, settle the matter amicably.
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 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
13985 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23195 Answers
1218 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18088 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12104 Answers
229 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5189 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
434 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2737 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1911 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0