Path way to jyoroithi land through banjar lands
Recently I have procured farming land in the village near Visakhapatnam.
There are pathways approaching this farm land through banjar lands.
I have clearly mentioned the rights of these path ways both in agriment and sale deed documents.
I have clearly explained the datails to farmers in local language by their mediator.
Now the farmers are objecting to use those path ways and demanding us to buy the banjar lands at half rate even if have explained them that it is illegal.
Actually they have tried to sell banjar land as jyoroithi land and I was saved by survey by government surveyor.
Can you please advice me the right and fast procedure to enjoy my property rights because two of those farmers has illegal history of properties.
Asked in Property Law from Visakhapatnam, Andhra Pradesh
1. You have the right of ingress and outgress to/from your purchased land,
2. You can't buy banzar land from the farmers since they are not its owners,
3. inform them clearly that selling of such land is illegal,
4. Report the matter to the local police if you face any further trouble from them.
Hi, No body can't obstruct the right of path way as it is elementary right to use the pathway.
2. You have to file a suit before the jurisdictional court for your right of path way and also injunction restrain them for interfering the usage of the pathway.
1) you have easmentary right of way to access your farm land through Banjar land
2) if the owners refuse to permit you to access your land through the Banjar land you can move court and seek an injunction restraining the owners of Banjar land from disturbing your right of access
3) contact a local lawyer
get injunction order on the basis of agreement. Court shall grant order in your favour and preclude others to interfere if any person oppose it. No one can compel you to buy banjar land. right of path is a legal right and it shall be enforced by the court. If it is mentioned in the agreement then it shall support you to get appropriate order quickly. If again you face agitation then you should declare your right in respect of the land by filing declaration suit.
1. Were the farmers party to the sale deed? Did they sign as witnesses to the sale deed? If the answer to these questions is in negative then the clauses in the sale deed, which deal with your rights to the pathways owned by the farmers, do not bind the farmers.
2. The only remedy you have is to claim access to the pathways on the basis of easement i.e the use of pathways is essential to access your property. You have to prove that you do not have any alternative path of your own to access your property.
Can we involve mro official or any other government official to conclude fast implementation of law referring to my path rights in sale deed and agriment?
Asked 1 year ago
your suit would be against owners of the banjar land and not govt officials
MRO officials do not have any authority to intervene in this.