• Road access to farmland - Uncle demanding a huge sum

Hi,

My father’s elder brother threatened us he would block access to our land or file case ( claiming we got more land from grandparents) if we don’t agree to his demands.
Land value ( 1 acres at around 40 lakhs)

His demands are as follows
1. Pay 30 lakhs for road access
2. Sell 5 gunta roadside land (different location) (value around 20 lakhs) he wants us to sell for 10 lakhs

He calls us 5 times a day to threaten or harass.
He expects us to agree to all his demands

Total land is 10 acres 
4 acres belongs to my father
6 acres is my uncles share

This land was inherited, Dana patra(gift deed) from my grand mother to sons (registered in 2012)

1. My father inherited 4 acres ( access through my uncles land) + 1 acre 
2. My uncle inherited 6 acres + 2 acres + 1 house

My uncle says he purchased 6 acres (he might have given some money before partition) but it’s transferred from my grandmother to him

He has got more share of land from my grandmother according to the partition.
He just orally says he purchased but according to documents it transferred from my grandmother to my uncle.

We also have partition deed on an unregistered bond paper with all signatures.

He has previously threatened(2018) my grandfather and made him give away 5 guntas road side land for free. I was young and unaware of this.
This entire 20 gunta land was given to my father according to partition deed.
So after my grandfather gave 5 gunta to my uncle we only got 15 guntas. This was registered from my grandfather to his sons in 2018.
A deviation from original partition deed 

Now he’s threatening us by saying he will block road and filing a case to get more property 

My question is

1. Can I file a case before he does? Because he has inherited 6+2 while we got 4+1 acre. Can we atleast save our land?
2. Can we get back the 5 gunta land which my grandfather gave him in 2018 for free? Because in partition deed it is given to my father.

What are the chances of us winning any of these?
Legally who’s right here? Us or my Uncle
Can he block access to our land? Can he win a case against us to get more land?

I want to teach him a lesson for all the harassment.
His demands are increasing everyday.
He says if he blocks access our land rate per acre would fall from 40 lakhs to 20 lakhs.

We want him to stop threatening us.
We think legal notice or case will soften him.

Please advice.
Thank you
Asked 2 months ago in Property Law
Religion: Hindu

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16 Answers

1. If he is continuously threatening, then you can very well file a suit for permanent injunction to restrain him from posing threats to grab your lands or for forcing you to give away your land to him.

If he is not allowing you to have road access from your property you can file a suit for easement rights claiming claiming pathway for ingress and egress purpose.

2. The unregistered partition is not legally val;id, however since the 5 guntas property was transferred to him by a registered deed, you cannot claim it.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Total land of family is 10 acres but you got 4 acres and uncle got 6 acres through partition . Challenge the  partition seeking equal share of five acres from uncle. This will put the  unlce on defensive. You can also seek partition  of house that has gone to uncle. He has no right  to block your access. When ancestral land is partitioned every sharer get right  to access his share through the  share of other sharer under law of easement.

  1. File a suit for partition seeking equal share in land and house. In the  suit seek injunction against blocking your access.
  2. Father has no right to transfer all 5 Guntas. He can only deal with share which  is 2.5 Guntas. Seek recovery of 2.5 Guntas  from uncle.
  3. If properly framed and pursued you have absolute chance of getting equal share in land and property and return of 2.5 Guntas. But suit being partition it will take long time for final disposal.  

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

Yes you can first issue a strict legal notice through lawyer and thereafter take legal steps to approach court depending on the situation 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

  • Your father’s ownership is secure.
  • Your uncle cannot block road access; court will protect your easement.
  • His claim for “more land” will not succeed.
  • Recovery of 5 guntas given in 2018 is possible only if you prove coercion, otherwise difficult.
  • Best remedy: legal notice + injunction suit to stop threats and secure your rights.

 

Adarsh Kumar Mishra
Advocate, New Delhi
195 Answers

Uncle cannot block road access as you have easement art right if necessity if there is no other access to your land 

 

2) you can file case before he does 

 

 

3) seek orders  to set aside 5 guntas  of land 

 

4) you have good case on merits 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

Your Legal Rights


Right of Way: Under Indian Easements Act Section 12, you have guaranteed legal access to your farmland - uncle cannot charge for this.

Criminal Protection: Uncle's demands constitute extortion (IPC Section 384) and criminal intimidation (IPC Section 503) - punishable up to 3 years imprisonment.

Immediate Actions (Next 7 Days)

  1. File FIR - Lodge complaint for criminal intimidation/extortion

  2. Approach SDM - Apply under Section 133 CrPC for emergency road access (very effective for urgent relief)

  3. Send Legal Notice - Through advocate demanding cessation of threats

Key Legal Authority

  • Section 133 CrPC: Emergency relief against road obstruction

  • Easements Act Section 12: Guaranteed agricultural access rights

  • IPC Sections 384, 503: Criminal punishment for extortion/threats

Bottom Line




Uncle's demands are illegal extortion. You have guaranteed access rights and criminal law protection. File cases first - you'll likely win on all counts.

Most EffectiveSection 133 CrPC application gives fastest relief (within days) for road access.

 

 

 

 

 

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

Dear Sir,

Yes, you absolutely can and should file first:

  • Civil suit for permanent injunction restraining him from blocking road access and from interfering in your peaceful possession.

  • Along with this, apply for temporary injunction (Order 39, CPC) so the court prevents him immediately while the case goes on.

  • You can also send a legal notice (through advocate) highlighting harassment and threats. This will “soften” him and also serve as evidence if case proceeds.

  • Practical chances

    • Right of access → Very high chance you will win.

    • Getting back 5 guntas gifted in 2018 → Possible, but will depend on proving undue influence or lack of authority.

    • Uncle claiming more land → Very low chance of success.

    • Blocking access → If he does, you can even seek mandatory injunction directing him to keep road open.


Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. Yes, you can file a case against him 

- You can send him a legal notice, and if no response, then file a suit against your uncle under The Indian Easement act ,  for claiming path to your land. .

.2. Under section 35 of the Indian Easement Act , you can obtain permanent injunction restraining your uncle from obstructing your right to access.

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

Based on the facts, your uncle cannot legally block access to your father's land or force you to accept his demands. If your father's 4 acres can ONLY be accessed via your uncle’s land, you have the right to an easement of necessity: the right to access and use a passage for ingress/egress, which cannot be lawfully blocked. The Indian Easements Act specifically protects this right, and courts routinely grant injunctions preventing co-owners from obstructing essential access.An unregistered partition deed is typically not valid to transfer or define legal title, but if it served as a family arrangement and everyone acted upon it, courts may consider it as evidence of the intention, especially if supported by subsequent registered deeds and actual possession. The registered gift deeds from your grandmother carry the strongest legal weight, and unless your uncle can prove fraud, coercion, or that he gave significant monetary consideration (which is not usually given legal credence against a registered deed), his oral claim that he "purchased" the land is not binding.On retrieving the 5 gunta given away in 2018: If it was transferred by a registered deed from your grandfather (who had title at the time), undoing it may be possible only if you can prove fraud, lack of free will, or that your father’s consent was forcibly extracted. If the deed contradicts a prior registered partition, you may need to challenge it in court—but the burden of proof is high.You can and should:Send a legal notice to your uncle documenting all threats and harassment; mention Section 503 IPC (criminal intimidation).File a police complaint if threats persist or if he blocks access, and seek a permanent injunction in civil court against his interference.File a suit for easementary/access rights if he blocks your road, seeking immediate interim relief.File for partition or declaratory relief if boundary or ownership disputes escalate.He cannot win a case for "more" land unless he proves a valid legal claim and overcomes the presumption created by existing registered deeds and actual possession. Repeated harassment can also be addressed through civil restraining orders or police action.Filing a civil suit or sending a firm legal notice is likely to restrain his conduct and assert your rights. Courts favor the lawfully documented owner and will uphold access rights and clear records over oral or coercive demands

Yuganshu Sharma
Advocate, Delhi
945 Answers
2 Consultations

Immediately issue a legal notice and then file a civil injunction + easementary rights suit. This will stop his threats legally and protect your land’s value. Don’t wait for him to act first.

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations

1. The legal notice to your uncle or a money suit to recover the money given on behalf of the buyer even before the sale is completed will not be binding on your uncle and it will not be considered as legally liable debt. The unregistered agreement cannot be enforced in law.

If your uncle is not cooperating then you don't involve him in the sale of property.

Moreover the buyer is your uncle's friend hence there's a possibility of collusion between both, therefore your proposal seems not advisable.

2. You may better produce the related relevant papers before a prudent lawyer in the local and proceed as suggested.

T Kalaiselvan
Advocate, Vellore
89957 Answers
2490 Consultations

Once agreement is signed it is binding upon parties 

 

refuse to pay  any money before registration .it is for buyer to pay uncle 

 

it is necessary to peruse terms of agreement for sale signed by your father and uncle whether agreement can be terminated or not 

Ajay Sethi
Advocate, Mumbai
99755 Answers
8142 Consultations

 

You are not legally bound to pay your uncle ₹30 lakhs if it is not part of the written sale agreement. Instead, you can issue him a legal notice warning against obstruction and insisting on completing the sale as per the agreement. Sending such notice will not harm the sale legally, though practically it may strain relations since the buyer is his friend.

If your uncle refuses to register, the buyer may not proceed. If you want to withdraw from the sale, you can return the advance, but the buyer has the right to sue for specific performance (forcing you to complete the sale) or claim damages for breach of agreement, depending on the terms in the agreement.

 

Siddharth Jain
Advocate, New Delhi
6617 Answers
102 Consultations


1. Don't Pay ₹30 Lakhs - It's Extortion


IPC Section 384: Uncle demanding money for registration constitutes extortion - up to 3 years imprisonment


2. Send Legal Notice

  • Will likely soften uncle - extortionists often back down when facing criminal liability

  • Won't harm sale - protects your rights and shows buyer you're acting legally

  • Include: Demand uncle proceed without extortion + warning of criminal case


3. If You Want to Exit Sale



Unregistered Agreement Rights:

  • Valid for 3 years from execution date

  • Can be cancelled with proper notice to other party

  • Advance may be forfeited as per agreement terms


4. Consequences of Backing Out


If you signed and want to exit:

  • Buyer can claim specific performance - court can force you to sell

  • Advance payment forfeited as compensation

  • Legal action possible for breach of contract

However: If uncle's extortion prevents sale, you have valid defense - sale failure due to criminal conduct, not your breach


5. Best Strategy

  1. Send legal notice to uncle demanding he stop extortion

  2. File FIR for extortion (Section 384 IPC)

  3. Proceed with sale without paying extortion money

  4. Document everything - uncle's demands, threats, refusal to register


Bottom Line: Uncle's ₹30 lakh demand is criminal extortion. Legal notice typically resolves such issues quickly. If sale fails due to his criminal conduct, you're not liable for breach - buyer should understand this is uncle's fault, not yours.

Shubham Goyal
Advocate, Delhi
2054 Answers
14 Consultations

You need to make good any loss to the other party as per terms of agreement 

Prashant Nayak
Advocate, Mumbai
34494 Answers
248 Consultations

1. Yes, your father can refuse to pay the said amount , and send a legal notice , and as the said agreement is not registered then he cannot take any legal action 

2. Only if you have receive a part of the selling amount then only the purchaser can approach Court

Mohammed Shahzad
Advocate, Delhi
15796 Answers
242 Consultations

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