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Claim on street coming to my land by co sharer
25-Aug-2023 (In Property Law)
Hi, My name is Deepak Kumar and I am from Gurgaon rural.
An ancestral property measuring about 2 acres (residential) was verbally devided by my grandfather and his two brothers about 50 years ago. On papers this land is still jointly owned.
As only one out of three devided plots was connected to road it was decided then to leave a way/street from our own land to the remaining two plots i.e mine and 3rd owner's.
Now that 3rd sharer is claiming that the street belongs to him only and I can't use it which I am using for at least 40 years. According to them they have given land somewhere else to my Grandfather in replacement of the street. Since the partition was done at the time of my Grandfather I don't have much clearty about weather they are lying or not. No document is signed about the partition as well as the land replacement.
1. If I give up on the street I am completely blocked as no other street is connected.
2. No documents are available with them that the street belongs to them
You need to file a case of permanent injunction restraining the co-sharers to disposess you and also allow you to give way to access your land. Your way of access cannot be denied or taken away. Rest i can only comment after going through your property documents. It will be advisable to show me the property papers and map of the land in question for proper advise and course of action to be taken.
I have an experience of 28 years in this field of law. Kindly contact me for further discussion on the matter.
I have an experience of 28 years in this field of law. Kindly contact me for further discussion on the matter.
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Adv. Sanjay Goyal
Sirsa | 25+ Answers
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How do I get the way for my land?
If you are unable to access your property without the easement, you can ask the court for the way. The court will provide you with a way onto your land if it is necessary. 1. You can sue for entry and exit.
What is right of way in Indian law?
Right of way is a legal term used in the Indian construction industry to describe the legal right that a property owner has to use and access a certain area of land for the purpose of building or developing infrastructure, such as roads, railways or pipelines. 25-Apr-2023
How do I get government intervention to get a road for my plot which is blocked by the front land owner?
Speak to an attorney about your legal problem. You can go to civil court to get a mandatory injunction against the owner. You can also ask for an order to prevent you from using the road in accordance with the title deed.
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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