Online Copyright Registration in India

Protect your creative work
Books, Songs, film, websites, Software, painting, fashion Design etc
Call now: 09891244487

Ask Our legal Experts, on issues related to Divorce

File Mutual Consent divorce right away

Call at ph no: 9650499965
Search On:Laws in IndiaLawyers Search

To Appeal before CIC - Central Information Commission
For Filing and Hearing contact: Choudhury's law Office
Ph no: 9873628941

Author Topic: Some one made a illegal path in my plot  (Read 374 times)

0 Members and 1 Guest are viewing this topic.

Offline skr302

  • Newlaw
  • *
  • Posts: 1
  • Karma: +0/-0
  • Welcome to legal Service India - law forum for free legal Information
    • View Profile
Some one made a illegal path in my plot
« on: March 20, 2016, 12:07:32 AM »
Hi,

I have 170sft * 40 Sft of land which was purchased by my father 25 years ago in Hazaribag, Jharkhand.

I am facing 2 issues-

1. The first issue is that there are 3 families who have constructed land at the backside or our property and does not have road for their property, initially since we were not interested to construct so temporary we did not protest against them as they were our neighbors and some how we needed to shift somewhere so we did not do much that time(20 years back). For the property which is situated at the backside of our plot, towards their back side, there is a house, towards their left and right, there are houses which are already built so they have made a way to go to main road through our plot which is in front of them.

Our plot was vacant and we have not decided to construct our house there but now, i want to construct, the issue is that those 3 family will have no way for enter or exit from their house so they are fighting and saying that we have to give them certain piece of land for the path.

I agreed to give some land for them for the path but they have to pay me as per the current rate and since it is my property, it depends on me how much rate i should ask( though i am asking as per the current rate) but those 3 families are saying that they will give the money as per the rate they purchased the plot some 20 years back.

2. The other issue is that towards my right side,their was a plot which is 116 Sft* 40 sft and they have started building the house but they have illegally taken some 10sft from our end. the issue here they are saying that they have 116 sft of length which might be also correct but we are sure that we have 170 sft length. We gave an option saying that if you have 116 sft length and it is not shown up, then you leave few sft and we will leave few but they are saying that they cannot leave single inch. We filed a case against them but at night they use to build a boundary and when police come, they stops for some time and again starts it again.

How to deal with both the situation?

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Some one made a illegal path in my plot
« Reply #1 on: March 20, 2016, 10:05:27 AM »
If they actually do not have alternative way to go to main road except your land then they have easementary rights on your property. In respect of selling out of property, you can sell it to them as per government market value issued by district sub registrar.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline rajgopal sripathi

  • Veteran at Law
  • *****
  • Posts: 281
  • Karma: +15/-19
  • Welcome to Legal Win Consulting LLP
    • View Profile
    • Legal Win Consulting LLP
Re: Some one made a illegal path in my plot
« Reply #2 on: March 21, 2016, 10:02:44 PM »
Hi
All along your neighbour's were using your plot to access their plots. That does not mean that they have rights to purchase.
if you are still wanting to sell the pathway to them, please get the Mandal Revenue office or Municipal office also involved because, while plotting the pathway, by usage the dimensions of access will change and slowly you will loose your entire plot.
Also  path way does not mean you need to give entire access from your plot. your neighbours should also give a certain portion of their land for access. 
Right of use of pathway, shall be as per market rates, when easmentary rights are registered. they are not based on the dates when the pathway was used unauthorisedly.
Regarding the other issue of 116 sft and 170 sft, ask the mandal revenue office or Municipal office as the case may be to provide you a field measurement book(FMB) survey. A surveyor from the revenue department based on the history of the property records (about 100 years old) will tell you exactly how much of land you have and how much was encroached by your neighbour. that can settle the matters straight away or will be a leading evidence in case of civil suit .
Rajgopal Sripathi
Mobile:9704772200
email:rajgopal@legalwin.in

Offline adv.amarnath

  • Veteran at Law
  • *****
  • Posts: 1227
  • Karma: +52/-7
  • Advocate Amarnath Sanyal from Kolkata, West Bengal
    • View Profile
Re: Some one made a illegal path in my plot
« Reply #3 on: March 22, 2016, 09:39:45 AM »
If they actually do not have alternative way to go to main road except your land then they have easementary rights on your property. In respect of selling out of property, you can sell it to them as per government market value issued by district sub registrar.
Regards,

Amarnath Sanyal
Advocate
Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

File a Consumer Complaint
Property verification
Call: 9873628941
 

Lawyers in India - Listed city wise Mumbai
Bangalore
Pune
Pondicherry
Jaipur
lawyers in London
lawyers in Birmingham
Chennai
Allahabad
Ahmedabad
Jodhpur
Indore
lawyers in Toronto
lawyers in Sydney

Cochin
Lucknow
Ranchi
Thane
Janjgir
lawyers in Milan
Johannesburg

Delhi - New Delhi
Chandigarh
Surat
Nashik
lawyers in New York
los Angeles
Kolkata
Hyderabad
Rajkot
Nagpur
lawyers in Dhaka
lawyers in Dubai

Copyright Registration

Ph no: 9891244487

For Mutual consent Divorce in Delhi - Ph no: 9650499965

Home | Bare Acts | Law Forms | Supreme Court Judgments | Legal Advice | Lawyers | Submit article | Sitemap | Contact Us

legal Service India.com is Copyrighted under the Registrar of Copyright Act ( Govt of India) 2000-2016
Get Free legal Advice here from top notch lawyers in India