Road for transportation blocked by neighbor
Guest
(Querist) 16 May 2023
This query is : Resolved
My father had a property in Trivandrum district and that is in my name now. The property deed-partition deed (divided between siblings of my father, written by my grand father) says, road for 'transportation' to my property from my father's brother's property. But they do not accept that and allowed to walk only. We used to travel by a scooter through that road. Now, they have closed that road too.
Now, what are the legal options I have, with in court or out of court.
Is it good to file case with police or court?
What about approaching district collector?
Since the road to the property mentioned in the partition deed, we suppose to get that road. There is no specific mention about the size of the road, only mentioned 'for transportation'
Please advice
Aleena
Sudhir Kumar, Advocate
(Expert) 16 May 2023
one needs to see papers and local inspection is also needed for coming to considered view.
you prima-facie appear to have a good case and meet your lawyer with papers.
kavksatyanarayana
(Expert) 16 May 2023
The partition deed is needed to be verified to form an opinion.
Advocate Bhartesh goyal
(Expert) 16 May 2023
Yes, you need to file suit on basis of partition deed and seek mandatory and prohibitory injunction regarding use of road against your father's brother.
T. Kalaiselvan, Advocate
(Expert) 17 May 2023
From the contents it can be inferred that your uncle has blocked the road access from your property which is nothing but depriving yor rights for easement.
Since the partition deed contains a recital allowing the easement rights for ingress and egress for road access from your share of property through that property, you are entitled for easement rights by necessity.
You can file a suit for mandatory injunction to direct the opponent to remove the obstacles placed by him to block the pathway and a permanent injunction restraining him from blocking the pathway in future and also to provide easement rights through the property which you are entitled by necessity and also by the virtue of the registered partition deed.
You can file a suit as suggested, the police or the district collector are not the authority to settle this dispute which is civil in nature.
Dr J C Vashista
(Expert) 17 May 2023
Get the property properly demarcated and partitioned with permanent injunction through a local prudent lawyer.
