• Foot path right

In 2005 after my grandfather death,  my father and my grandfathers brother done a partition deed for some joint family property. In the partition deed, it was mentioned that my father have footpath right in the two survey number in the east side.it was mentioned clearly below my father scheduled property under note section.
Now my grandfather brother have sold the one  survey number to some one on 2006.
My question are
1. Footpath means how much width, 3 feet or 4 feet?
2.If i file a suit, whether court will pass any order that i will get the foot path back from the sold property?
3. Whether court will pass any order mentioning foot path width? 3 feet or 4 feet?
Asked 5 months ago in Property Law from Coimbatore, Tamil Nadu
Religion: Hindu
1) it would be as per width mentioned in settlement or partition deed 

2) you have only right of way over the footpath not ownership rights 

3) court would mention the width of existing footpath as reflected in the settlement or partition deed 

Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1. Generally it is considered to be 3 feet unless the area is marked and used for many years as many years.
2. Yes if you could prove that excess land is taken as footpath from you.
3. It would depend on what type of denfence arises.
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
1) in case you file suit court would grant you easmentary right of way over the footpath

2) you can measure width of existing footpath and accordingly claim right of way over the footpath 
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
1. Footpath means how much width, 3 feet or 4 feet?

Do you mean easement rights as footpath? If so there would be a mention about the size of measurement of the area of easement rights in the partition deed itself, there is no definite area of measurement if there is no particular mention in the deed.




2.If i file a suit, whether court will pass any order that i will get the foot path back from the sold property?

You have to mention the schedule of property claiming the declaration of easement rights, it may be an approximate measurement too.





3. Whether court will pass any order mentioning foot path width? 3 feet or 4 feet?

The court will not pass any order on its own, you may have to claim it and put forth your arguments for it against the opponents claim as well. 
T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
In the partition deed, there is no specific width mentioned. It is mentioned only foot path right in the particular land at east side.
But they had sold my foot path to some one 

If there is no mention about the six of footpath, how do you say that they have sold your footpath?,   Is there no way to walk on your foot in the path?, how do you identify the footpath area if there is no proper indication about it in the partition deed, you have to create a record before approaching the court to show that this  was the footpath available which was illegally sold by the opposite party.





My question is,  Is there any  standard footpath  width in law?

Not for private proprieties. It is just based on their agreements.




If i file a suit, how the court will pass the order in this case ,  beacuse they have sold their entire land including my foot path.

You approach the court seeking your relief and put forth your arguments strongly advocating your reliefs, let the court decide after hearing both sides. 


T Kalaiselvan
Advocate, Vellore
13934 Answers
127 Consultations
5.0 on 5.0
Since the width of footpath has not been mentioned in the partition deed you can file a suit to challenge the sale deed executed by him to seek a declaration that the portion of the property over which footpath right is to be enjoyed is owned by you. The court can declare the sale as illegal. There is nothing such as standard footpath width. 
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 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
13934 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23123 Answers
1214 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18063 Answers
446 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12043 Answers
228 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5160 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
869 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
427 Answers
15 Consultations
4.7 on 5.0
Ajay N S
Advocate, Ernakulam
1905 Answers
19 Consultations
5.0 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2729 Answers
41 Consultations
4.9 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
5.0 on 5.0