Right of way in property

Originally posted by : Nik Rage
	Hi there is a land in village on which 4 of the sons are residing. 2 house are on rear and 2 houses on front. As there is a street(in the middle of the front houses leading from main road to the gate of both the rear houses) which is about 10ft already left for the use of sons residing on back side. Now they are asking for the street to be 16 ft wide and also they are not allowing to construct any window or gate in this street. Both the houses in front sides are under construction. My question here is... is there any defined measurements for the area of the street which has to be left for the use of those who residing on back side. If yes then what are those dimensions or measurements?what if they file a case for the right of way? and will court put a stay order on our construction?

@ Nik Rage,

Whether 10 feet  wide street as stated by you is exclusive use of these houses or public gali in the village ?

There is no specific measurement for providing any gali (street) in village land, however, if the houses are existing on private land it can be of any size.

The persons residing in rear are entitled for a passage as per easements, and there is no specific measurements for the street, and it depends on such local authority's rules.  The local authority can even acquire such land if they wish to widen the road by paying compensation.   Contact the local advocates for convincing all the parties involved.

There is no specific measurements for street.it may be five ft wide or may be  10-15 ft. Since this street is personal and being used by your brothers and their family members so settle the issue amicably .

How long the path has been under use? How it is being used? What is the reason for seeking more widdth? Has the land been partitioned among the brothers? If so, what is the widdth of the path provided therein?

If you have partitioned then the deed is registered or not if not file suit for declaration in court and compromise in court for space dimension.

No such size of gali is prescribed, however, since it is a private land easy access, ingress and egress to one of the brother / family member shall be beneficial for them also, as 5-10 feet hardly makes a difference in an ancestral land.