partition
kumarasrinivas kanigiri
(Querist) 18 December 2009
This query is : Resolved
x and y purchased a property jointly. both are alive till today. there was an oral understanding between x and y that x should construct a house in half of the property and the remaining half is to be left to y and in order to have an ingress and egress a path way was left. it is an oral understanding. till today both x and y had cordial relations with each other. now there had some disputes between the sons of x and y. now x pleads that they had already partitioned the property equally and there is no pathway. there is no evidence, except oral, that the pathway was used for ingress and egress what should be done. x had some evidence that partition had made, not that it was equally. what should be done.
S.KARUNAMOORTHY
(Expert) 18 December 2009
Plz tell the date of purchase and dispute arisen. so that i could suggest the remedy
A V Vishal
(Expert) 18 December 2009
As suggested by Karunamoorthy, it is not clear when the property was purchased, however you can claim relief from court under the provisions of the INDIAN EASEMENTS ACT, 1882
niranjan
(Expert) 18 December 2009
easement can be acquired by usage.If it is an easement of necessity and one do not have any other way,it has tobe looked into.If there is alternative way and if the right of easement has not become prescriptive,you can stop it as it was grant due to coordial relationship.
