How to initiate proceedings so as to gain right to passage
24-May-2023 (In Property Law)
Dear Sir My Name is Khasim; we have agriculture land of 16 acre We don't have path to access to our land, every year we are requesting our neighbor landowners allow access in the time of monsoon to cultivate land, since my Mother and father illiterate they are not done any objection, this is happening since 30 years, since from couple year they completely block the access and we stopped doing farming, and recently my father is passed away I went taluk office to enquire details about the record relating to my land, in the revenue map there is no sing of road to my land, I am bit confused how to get permanent road to my land, is there any law where every agricultural land should have access path I am working in some other city to help financially to my family and my brother is also dependent on me since he lost his leg in accident couple years ago, if I get path to my land I thought of going back to my native and do the agriculture, this is my humble request please help me
There should be easement right to claim the path. As you have stated no path way has been described in the revenue map means how you and you neighboring land owners have cultivated land this much years. If that is the one and only access path to your land means join with other land owners and give one representation to the concerned authority by explaining the inconvenience with witness. If you are staying in the village take the issue first to Grama Panchayathyh, you may get some remedy or otherwise you are open to approach the court of law.
How do I file a complaint against a neighbor in India?
You can call the police if you feel your neighbor is harassing you. By dialing 100, you can call the police and they will arrive at the location that you specify. The police will arrive at the location and will ask you about the problem. They will then take action.
Can a neighbor block off you right a way?
The right to easement is a very basic and fundamental right that can't be denied. You cannot be denied access to the path if you have used it for so long and there isn't an alternative path. If he does, you can take him to court and seek relief.
Is Neighbour allowed to lean things against my wall?
Your neighbour has no right to place things on your fence unless you give them permission. 17-Sept-2023
Khasim, when a phodi is done for any land on a survey, a right of way should exist along with it. Even if the survey map does not show a path to your land, no survey is complete without a right to enter it. So, you can make an application to tahsildar to order the other people to leave you a road. The application will be converted into a dispute and there will be an order. You can also take the help of a lawyer.
Yes, you can file a injunction suit against the neighbor seeking an injunction from the court to direct him to allow a passage to your land. It is called your easementary right and you can certainly avail in in the court of law. Infact, you can get the interim order within as early as 3 days.
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