Land Locked, Right of Way Snatched.
My dad has 4 other brothers and 3 sisters.
Out of 40 plus Kanals of Land(1 Kanal = 5445 Square feet), my Dad was given only 3 kanals of Land by my grandfather.
Out of which 1 kanal was a seperate piece of land which is transferred to my Dad's name which was worth Rs. 35000 at that time in 1980's.
Rest 2 Kanals are were in a piece of land, which was shared among my Uncles, but these kanals were given in writing by our grandfather and are not transferred. My GrandFather insisted my father to give our Uncle 2 Marlas( 1 Marla = 272 sq feet) of Land for which he paid 7 thousand Rupees in 1990's.
Our uncles created a new legal document which has signatures of all my Dad's brothers and sisters which is duly signed by Pathwari, where they claimed that my dad owns only 1 kanal of land there, and my dad is not aware of it. We came to know about it recently and they have done it in 1990's, the surprising thing is this document has no signature of our Dad.
My father fell ill 3 years ago and is suffering with a chronic disease, during these years our uncle took more than 5 Marlas of our land, and when we asked to vacate it, he said he owns it as he has given Rs.7000 that time, we insisted it was for only 2 Marlas.
We have not given him anything in writing, and we still have that document of GrandFather where he has given us 2 Kanals of that land, which is restricted to 1.5 Kanal now, because of his illegal possesion.
Our Dad was still ok with it, as he said he is still my brother. But 2 years ago, he blocked the way and installed Gate over there, when we resisted, he answered he has paid Rs. 7000 at that time and claimed that piece of land as well and blocked our access.
Our land is locked from last 2 years, and we could not visit our land.
We have raised a complaint with Pathwari last year, who escalated it to Tehsildar recently. Naib Tehsildar visited the spot, and they said same story that they own it. When pathwari insisted that you cannot block their way, they said we want land to be distributed again. They are eying on our 1 Kanal land, which was worth 35000 at the time and is now worth 80 Lacs because of new link road. They said their land is worthless and want land to be redistributed again.
Now they are saying to pay them money worth 4 lacs or give more 2 marlas to them, only then they will give us our way back.
Tehsildar said he cannot help, and we need to sort it out with each other.
1.Can they claim land to be redistributed as our land has gained value?
2.Shall we fight or give him 4 lacs of money or 2 Marlas of land to gain access and way? Is this worth consideration?
3.Will the simple document with our Grandfathers writing and signature for 2 Kanals be considered, as the land is not transferred yet?
4.What is the recommended way out?