Pls. help me -
debasish
(Querist) 05 October 2012
This query is : Resolved
sir
my uncle has gifted me a land without showing any road during registration but promised he will give it from east side of his land.
now he is saying he will give a passage from west side but in reality the proposed passage is engulfed by a pond.
we are walking from East side for more than 20 yrs
my question- is there any legal way that we can claim the road from EAST side which we are using for 20 yrs.
pls.reply me soon
Guest
(Expert) 05 October 2012
Please don't be so thankless to drag your uncle in to the legal tangle because he had been kind enough to provide you land free of cost as of gift. Please don't mind if I quote a proverb, "beggars are not chosers." You got a land as gift from your uncle, which is gratis to you, you have no legal right to ask for the passage of your own convenience if the gift deed does not specify any. It is his discretion to give passage from any side he likes. You should rather be thankful to him for gifting you piece of land free of cost and also be ready to spend something from your own pocket to smoothen the passage he allows.
Adv.R.P.Chugh
(Expert) 05 October 2012
The answer to your question lies in the law of easments.
Read the following provision from the law of limitation.
25. Acquisition of easements by prescription.
(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years, and where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years, the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible.
Feel free to talk !
debasish
(Querist) 05 October 2012
Dear MR Dhingra and MR.Chugh
Thanks both of you. it,s not clear from your answers who is right. if you provide more information it'll be better.
some points has to make to mr Dhingra- we are not thankless but it was 1kth land gifted for a purpose to save rest 15 kth land from neighbour.next IT is now my uncles sons whos demand is vacant the land for promotership and go to a rented house. they know it,s not possible by us to fill up the pond.actually the want to establish that we have no passage for our building.
in this situatio pls. advice what we can do
Guest
(Expert) 05 October 2012
Whatever be the reason behind gifting of the land, the same cannot be taken back by your uncle or his heirs. For appropriate advice, property documents and the site plan would need to be examined thoroughly. Fir that purpose, you may either hire services of some local expert on property matters, or should send copies of the documents/site plan to the expert you prefer to consult.
