Path to purchased land
samuel
(Querist) 04 February 2015
This query is : Resolved
My father purchased 48 cent land 24 cent in my name and remaining 24 cent in my brother's name. There is one road 18 ft wide to my brother's land. In the document it is mentioned that I have the right for path to access my property from that road through my brother's land. But it is not mentioned how much wide the path should be. My brother is not in good terms with me and does not allow me a wide path to access my plot. If I file a case how much wide a path will be allotted for me according to Indian law?
P. Venu
(Expert) 04 February 2015
What do you mean by "wide path"?
Rajendra K Goyal
(Expert) 04 February 2015
It is need availability and custom which plays role in deciding such cases than the law.
ajay sethi
(Expert) 04 February 2015
wide path should be sufficient for you to access your land . in your suit proceedings claiming right to use that path you should mention existing path size
samuel
(Querist) 04 February 2015
Thank you sir for your advice. By wide path I meant 13 feet wide path Because on one side of the path there is a wall 1.5 ft wide so I would get about 11.5 feet convenient to transportation by vehicle. If the path width is below 8 feet. It will become impossible to access by car and no one will buy it even for a fraction of its normal price.
T. Kalaiselvan, Advocate
(Expert) 04 February 2015
If there is a mention about your right to use the path in the registered document in your name, you can very well file a suit for declaration and easement rights, consult your lawyer and proceed as per his further advise.
P. Venu
(Expert) 05 February 2015
Movement of vehicles is not necessarily an element of the access provided unless specifically mentioned in the deed or mutually agreed in writing.
Dr J C Vashista
(Expert) 08 February 2015
I agree with experts advise. You have the right of access to your land, even if it is not mentioned in the documents,, which is not the issue in your case.
You should prefer to get the matter be resolved amicably involving your father/ mother/relatives, acquaintance and/or elderly persons of the society.
malipeddi jaggarao
(Expert) 11 February 2015
Simple. Pay for the space provided by your brother.
