Construction of compound wall on common pathway blocking movement
03-Sep-2023 (In Property Law)
my grandpa gave a solid land to my father and his elder brother in combined patta. the land which is having a common road, while changing the registration, my father's brother not mentioned the Common way he registered it as a land and both of them were using those land commonly but now he is going to construct a compound wall on that common pathway if he constructed the compound we don't have way to go, is it possible to make the way common to both of them?
Quoting what was prevalent earlier you can ask him to stop constructing the wall since it affects your right to passage . If he does not listen you can move the court for preventing your right to passage .
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If your father and his elder brother agree, they may execute a rectification deed mentioning the common pathway over which both shall have equal rights and get it registered duly, in order to find a permanent solution to the issue.
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you should file a injunction suit against your fathers brother not to obstruct and decline the common pathway as easamentary rights. No legal notice is required you can directly file in a civil court to protect your rights.
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