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DISPUTE OVER PROVIDING WAY TO ONE PARTY BY OTHER TWO
10-Nov-2023 (In Property Law)
1.ONE PROPERTY PURCHASED BY THREE RELATIVES IN 5 : 6: 6 ANKANAM 25 YEARS BACK 2.TWO 6 ANKANAM PLOTS ARE FACING THE NORTH ROAD. 3. IN 5 ANKANAM DOCUMENT ONLY IT WAS WRITTEN THAT THESE TWO 6 ANKANAM SHOULD GIVE WAY TO THE NORTH ROAD. BUT THIS IS NOT MENTIONED IN OTHER TWO DOCUMENTS (ALL DOCUMENTS ARE WRITTEN AND REGISTERED ON THE SAME DAY AND SOLD TO THEM BY SINGLE PERSON) 4. NOW THESE 6 ANKANAMS ARE REFUSING TO GIVE WAY AND WANT TO CONSTRUCT WALLS ON THEIR SIDES. 5. OF THESE ONE 6 ANKANAM IS LYING VACANT OTHER TWO HAVE CONSTRUCTED HOUSES. 6. WHAT OPTIONS ARE AVAILABLE TO THIS 5 ANKANAM??
If I were to understand correctly, you are being denied access to your plot from the north road. To establish your right of way you may file a suit for declaration and injunction before the appropriate court based on the documents you have.
Further, you may also have a right of easement to use the approach road. An easementary right of way is created by either an express grant or by immemorial custom, or necessity, or by prescription, or by statute or through private dedication. You could also prefer a suit for a declaration of your easementary right and for permanent injunction.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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