Query about providing road access to plots in a partition
Hemanshu
(Querist) 06 April 2014
This query is : Resolved
Hi,
I'm from state of Andhra, and this question is about a family plot which was partitioned into 4 via inheritance.
My father owns the front plot, which faces a main road that runs along it's width (the plot is wide.. depth is shallow).
Now behind his plot similarly there are 3 more wide and shallow depth plots.
Adjoining on both sides of these plots are single owned plots.
My question is about providing road access to the plots behind us. The plot right behind us is ASKING that we give them a road by cutting it through our plot on the "east" side.
The following things already hold true:
1) There is already access to a perpendicular road for the said plot from one side due to an existing road cutting through the adjoining plot, and the adjoining plot owner is willing to provide unrestricted access (in writing) for ever.
2) Still the person with plot behind ours is asking for access via our plot ONLY.
What legal standing does that person have to ask us only, when another party with adjoining plot is willing to give them road access?
Also, does the law say the road must be given ONLY from EAST side or can it be given from any side that WE (the owner of front plot) see fit?
Thank you for listening, and looking forward to your response.
Thanks,
Sunil
Devajyoti Barman
(Expert) 06 April 2014
File a suit for declaration and injunction. Without seeing the papers and sketched map it is difficult to advise.
meet a local a lawyer.
Rajendra K Goyal
(Expert) 06 April 2014
consult a local lawyer and show him all the papers.
Sourav Das
(Expert) 07 April 2014
as there is an alternative way, he can not claim right to easement.
file suit for permanent injunction.
Hemanshu
(Querist) 07 April 2014
So the other thing is, he has sent an email to my father saying "if we don't reply by so and so date, I will go ahead and start marking out road via your property".
Can he legally mark out a road via our property without our written consent? Would it be considered trespassing if he does what he is saying above?
And does email work as a mode of communication where if we reply and say "No, you need our permission to mark out road and currently we are doing due diligence so cannot give permission. Please be advised it would be considered trespassing". Would that hold?
Sourav Das
(Expert) 07 April 2014
he can not make road with out your permission.
if he tries to make road, then register FIR against him for trespassing.
also file suit for permanent injunction.
T. Kalaiselvan, Advocate
(Expert) 08 April 2014
consult a lawyer in your locality who is very well conversant with civil laws and proceed as per his advise.
