Road dispute
Muruli Mohan K
(Querist) 07 January 2013
This query is : Resolved
Hi all,
Sir, we converted our agriculture land to residential use in 2004 by DC approval in bangalore and formed a private layout consisting of 35 sites.
This land which is originally purchased by my father in 1990 from third party and this land was "not having public road" but the land which is in front of it having public road is of my grand father's property. Since from that time we are using road to our land from my grnad father's property. My grand father not objected for it. My grand father transferred that property in 1995 to his daughter (my father's sister). She also not objected for road usage. After layout formation also she not objected even she was staying in the same area. Now around 20 sites are sold out out of 35 sites and fifteen houses are built and people using the same road to reach public road.
Now my aunt is objecting to use the road and bringing quarrels and trying to put fence. There is no other way to reach to our layout. My father not having any document for road either from his father or sister since he was very nuch believing his father and sister more over he was thinking that property is also family property.
My aunt challenging us not allow any people to go inside layout through her land (the houses which are built in the layout are of 4 to 5 years old since from that time my aunt not at all objected for road usage nor filed any complaint nor suit.
Please help us how to resolve this issue under any laws. Is she having right to stop the people to use road?. Thank you
Raj Kumar Makkad
(Expert) 07 January 2013
As there is public use of the mentioned road since last more than 30 years so better to file a civil suit for mandatory injunction before local civil court against your aunt. A local commission can be got appointed to see the ground situation prior to insisting upon the stay order.
