Right to road
Sanjeev Bhatt
(Querist) 17 January 2014
This query is : Resolved
Dear Sir, We have a property and was divided mutually by my father and his brother through "Ghar Batwara" in 1980s where the land adjacent to moterable road went to my uncle and land below went to my father. Now due to sickness of my father we want to take the motorable road to our property but my uncle always objects and we are left with no choice but stranded. Is there any law of right to road or we as grand children challenge the Ghar Batwara to have equitable distribution of land. We are helpless please guide us.
regards,
Sanjeev
ajay sethi
(Expert) 17 January 2014
The right of way as may arise in the above situation has to be provided in a reasonable manner by the person over whose property the right arises. If the person does not provide the same, the person who is not having the access may set it out and also enforce the right in a court of law
R.K Nanda
(Expert) 17 January 2014
NOTHING MORE TO ADD.
Rajendra K Goyal
(Expert) 17 January 2014
The partition was mutually agreed. If it has legally acceptable documentary proof of it, there exist negligible chances of success if challenged.
Try for amicable solution, if not possible contact a local lawyer and show him all the documents.
Devajyoti Barman
(Expert) 17 January 2014
The partition once done is hard to change. However if there is no access to road from your property then your uncle is bound to give such access.
So you have to file such case.
