Claim over right of the way " right of the way "
narendra khona
(Querist) 25 July 2023
This query is : Resolved
Sir,,
Need guidance, the issue is as follows
Grandfather gifted northern portion of his property to my father, & gave him the " right of the way" in the Gift Deed, through his property which was closed after the demise of my Grandfather in 1960, by my aunt. Can I have the " Right of the way " opened.
Thanks
Thanks
kavksatyanarayana
(Expert) 25 July 2023
As per the gift deed of your grandfather to your father, the legal heirs of your father have a right on the way. But as she is your aunt amicable settle the issue. Otherwise, issue a legal notice and proceed.
T. Kalaiselvan, Advocate
(Expert) 26 July 2023
If that is the only way for your ingress and egress, then you can very well claim the same besides you say that it is mentioned in the registered deed as well.
Hence you can file a suit for easement rights and mandatory injunction to remove the block and permit you to use the pathway.
narendra khona
(Querist) 26 July 2023
Appreciate the quick response very much.
I would like to add that there was a canal on the eastern side of the property and the way out to the main road was through my Grandfather's Compound. Over time municipal,, corporation authorities filled and levelled the. Canal and using it for scavenger activities. As time passed the area developed and now it is a tarred road about 3 metre wide.
Can I reclaim the " Right of the Way" which was encroached, closed by my aunt soon after the demise of my Grandfather in 1960. Thanks 🙏
T. Kalaiselvan, Advocate
(Expert) 27 July 2023
Usually, anything that lays between two pieces of infrastructure is owned by the municipality AND has the right to use it.
As per Section 42 of the Easement act, : Extinction of useless easement: An easement is extinguished when it becomes incapable of being at any time and under any circumstances beneficial to the dominant owner.
You have not answered the question raised in the previous post that whether this is the only path available for your access to road? if not then you cannot claim any rights over it.
narendra khona
(Querist) 09 August 2023
THANKS, DOES LIMITATIONS ACT AFFECT THIS ISSUE? THANKS
narendra khona
(Querist) 17 September 2023
EARLIER THERE WAS A CANAL, & OVER TIME THE AUTHORITIES DUMPED DIRT FILLING THE CANAL.
AT FIRST, IT WAS USED BY SCAVENGER, & OVER TIME, IT WAS MADE INTO AN USABLE ROAD BY THE AUTHORITIES. AFTER DEMISE OF MY GRANDFATHER THE " RIGHT OF THE WAY WAS CLOSED BY MY AUNT.
T. Kalaiselvan, Advocate
(Expert) 18 September 2023
If the passage is the only way for your ingress and egress purpose, you can very well file a suit for easement rights by necessity
