Dispute for road
Ajit Aursang
(Querist) 10 May 2014
This query is : Resolved
Sir,
My mother is has been transferred a property by his brother before his death by a deed. But that property was in common between my mother's brother and his uncle. Later after 4-5 years that uncle has also sold the property belonging to him the 3rd party and later in 4-5 years that 3rd party has also transferred the same to another. But while selling to the last party they sold it with out leaving the place for us to get to the municipal road and also there is no private road allotted. Now that last party who has purchased the property (i.e. purchaser of my mother's uncle's part of property) is telling that we have now way to get to the road and they want to demolish the existing the old building and to reconstruct the same also by blocking the entrance for us too. As it is a old property we also don't have any other entrance (i.e. blocked from east, north and south and also now by the west).
What is the solution for this please clarify my with the Sections in law with which i can get the road or entrance to the road?????????????
Please clarify soon
Ajit Aursang
(Querist) 11 May 2014
Sir Even after signing for the sale deed of sale of part of a property. Can we claim easementary right of way by filing a suit??????
Advocate M.Bhadra
(Expert) 11 May 2014
As an owner and with any interest in the dominant heritage, or the occupier of such heritage.You may institute a suit for compensation for the disturbance of the easement or of any right accessory thereto,
is substantial damage within the meaning of this section and section 34 of Indian Easement Act and local Municipal Act.
T. Kalaiselvan, Advocate
(Expert) 13 May 2014
I agree with the experts opinion on the subject, you may follow the advise rendered.
