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Cant access my property what to do.
06-Dec-2023 (In Property Law)
My mom gave me 5 cents from a 20 cent plot. My 5 cents is on the backside of the plot, the 15 cents in front of my plot is my sisters. She is not willing to give me path. She plans to divide her property and sell. Right now, i cant access my property. The one option she gave me is, she will give 1.5 meters for path if i also give 1.5 meters for the path from my property and she wants to use it as a common path when she sells her 15 cents.. If i give 1.5 m from my property, i will only have less than 4 cents. Her 15 cent plot is facing the road, and 5 cent is behind her 15 cents. What am i supposed to do.
If you and your sister got the property by way of partition deed or common settlement deed, then you can claim pathway by way of easement by necessity, since both the properties together belonged your previous owner i.e your mother. However, if you and your sister got the properties from your mother by separate title deeds and some way is provided in it, we have to go by the recitals in the title deeds.
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Adv. Nelson Joseph
Kochi | 100+ Answers
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You can approach the munsiff court for the solution. File a case before the munsiff/sub court of your area for EASEMENT ON NECESSITY.At the time of filing the application it would be better to mention that there was an oral agreement earlier that the road access would be given to you.
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Adv. Sindu R Kurup
Kannur | 200+ Answers
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From the facts stated, it appears that the property belongs to the mother and she has the discretion deal with the same at her discretion. You have no vested right in the property in her lifetime. Of course, you are entitled to right of way if the property, if part of the property has been duly transferred to you.
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Adv. P Venu
Vaikom | 500+ Answers
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