The moment your uncle sold the land to reach which he was given the right to use pathway on the land of your father, the right to pathway also ceased to exist. The new purchaser has no right to use pathway.
Right to Way
hi my name is Rajesh, i belong to karnataka state. My grandfather had a land which he divided amongst his 2 sons, elder one being my father. In his will my grandfather had stated that the younger son should be allowed to use a pathway from the elder son's portion of land to access his house as there was no other access route. Now my uncle has sold his land to a third party. Kindly let me know whether the right of way to the land sold continues as before. Can my father refuse to give access to the third party now? Please note as per will grandfather had given right of passage to my uncle and his family only.
Asked 10 years ago in Property Law
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4 Answers
Thanks Ashish, please note in this case the new purchaser has no other access to the land other than the pathway. Hope you still stand by your earlier comment that the right to pathway ceases to exist. please confirm.
Asked 10 years ago
you have stated that new purchaser has no access to land other than pathway . does agreement for sale of property mentions about right to way . at the time of purchase of land purchaser should have insisted on incorporation of such a clause in agreement . in case purchaser has no direct access to land he will have to move court for necessary reliefs against your father .
Thanks Ajay. Can the purchaser move heavy vehicles including JCB thru the pathway ? Can my father block the access ? If the purchaser has some other access route will he still have a legal recourse for obtaining access thru the pathway.? please confirm
Asked 10 years ago
the purchaser will need your father consent for moving heavy vehicles through the pathway . if he has other legal access through his plot he may not get any reliefs from courts
I stick by my sole reply.