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 .
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 .
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.
1. You have the easementary right to use the pathway which your Uncle can not refrain you from,
2. However, settle the matter amicably.