Agriculture property Agriculture property

3 years ago

we are three brothers. While making partition we made a pathway with 10 feet width which was passing through two brothers' properties and I am in last .This common pathway was made with joint patta chitta with all our three names. The brother who is in the entrance refuses to make 10 feet path way as per land record. He is walking way of two feet width instead of 10 feet width and he is cultivating second brother's land on lease and as such I am the sufferer as I am in the last. Now how to make 10 feet width entitled pathway as per joint chitta patta to reach my property for taking tractor for ploughing

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Your brother is clearly in the wrong here. Explain to him that going to Court will only result in him losing money as no Judge will side with him.
If he does not agree, you can file a suit for declaration of pathway and have the Court grant you lawful use of the same.
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Anik

Responded 3 years ago

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A.Hi,
You will have to try and work this out among yourselves before resorting to Court action. You can file a suit for declaration of pathway as per the land records. The Court will then pass an order restraining your brother from preventing you using the pathway.
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