Property
supriya sumesh
(Querist) 23 June 2014
This query is : Resolved
I am having a vacant land in my native district of kerala. That land can be accessible only by entering either through my brother's land which is situated before my land or through my neighbour's land which is situated adjacent to my land. Without entering in anyone of this people land i cant reach my land. Now i want to sold my land. But my brother or my neighbour not allowing me to enter my land.They are denying me permission to enter into their land.
But without entering in either of their land it is not possible to reach my land.
kindly let me know whether any legal solution is there?If any legal provisions are available kindly let me know.
Thanks in advance experts.
V R SHROFF
(Expert) 23 June 2014
You must have used the land by passage thru their land in previous many years.
So it amt to EASEMENT.
THAT RIGHT TO PASSAGE IS INTACT.
CONSULT LOCAL LAWYER AND GET INJUNCTION ORDER FROM CIVIL COURT
So that you can use your land passing thru other's land as a practice..
Raj Kumar Makkad
(Expert) 23 June 2014
You have not mentioned whether the land is part of joint Khewat or your exclusively owned and when had you purchased such land and why the entrance to your land is not existing and how you purchased such land/
Reply the above-noted vital questions related to your matter so that you may be provided with the desired reply.
Rajendra K Goyal
(Expert) 23 June 2014
Consult a local lawyer and show him all the documents.
c n vittal rao
(Expert) 23 June 2014
Check the easementary act you have an easement of nesscessityover your brothers land obtain permanent injucntion against your brother with the heelp of a local lawyer
Dr J C Vashista
(Expert) 23 June 2014
Was there any passage existing at the time when you possessed the land first?
Where from did you get the land i.e., self-acquired or ancestral?
Did any one (your brother or neighbour) denied access to your land?
Show the document of title/claim/interest/ possession (revenue record) of the land to a local lawyer.
P. Venu
(Expert) 23 June 2014
Prima facie, it appears that you got the property by partition of the family property. If so, you can move the civil court for grant of easement of necessity. Once the suit is filed, you can try for settlement through adalat which are very active and effective in Kerala.
Raj Kumar Makkad
(Expert) 24 June 2014
The querist is not bothered about the answers or further clarification sought by either of the experts hence it is a futile exercise to remain here.
Dr J C Vashista
(Expert) 24 June 2014
How much the experts can strech thier imagination on the basis of probabilities and assumption to reply this query, I think we must stop further replies when the author is not interested and providing relevant information.
T. Kalaiselvan, Advocate
(Expert) 25 June 2014
Where is Dr.Sharma replying to the above query, may be, erroneously referred Dr. Vashista to Dr. Sharma. I too agree with the views of Dr. Vashista on the subject query.
