"Comman Passage Issue by my neighbour".

790 votes

Here is Your problem is common passage is the only way to your property , you have a legal right of easement right of your property. If the neighbour is blocking the way, you can file a suit for injection under Section 33 of the Indian Easement Act. Immediately you can send a legal notice to stop blocking the passage under Section 28 of the Indian Easement Act. If they refused to give you the right of your Easement right, you may file the civil suit for injection. The court orders the neighbour to respond to the passage . You have the right to challenge the Sale deed also.

Advocate Pavani Kumari LawRato

985 votes

As per your narration, it appears that your property has no direct access to the public road except through the common passage, which now is being obstructed by the neighbor who purchased your uncle's property. Under Section 52 of the Indian Easements Act, 1882, you may claim an easement by necessity, as this passage is the only way for ingress and egress to your land. If you have been using the passage openly and continuously, you may also claim easement by prescription (Section 15) if the usage is uninterrupted for over 20 years. You can file a civil suit seeking a permanent injunction and declaration of easement rights. Additionally, if the sale of the adjacent property was done without proper demarcation of the passage, it may be challenged depending on the original layout and agreements.

Advocate Varikuppala Shiva Kumar LawRato