My father had 33 cents of land, and a home at the end of the inner road. He bought it in 1979. It's a closed property where all the sides have property walls. The road meets at the property's left corner / southwest corner. That's the only entry to the property. I built a small home on the south-east side of the property in 1992. in 1997 I had a financial emergency; my father did the partition by giving 13 cents on south-east corner of this 33-cent property and the home I built to me and the rest (14 cents on the north side), and the old home to my brother. He said he would leave 2 cents on the west side (in front) of my 13 cents property for the road, which can be used for both myself and my brother. In 2000, my brother sold his land and home to another person (Mr. X). In 2015, we demolished our old home and built a new one; at the same time, we put a border wall and gate inside out of 13-cent land. Mr X and we were using this 2 cent as the road to both the property for all this long. In 2023 Feb, Mr. X sold his property to Mr. Y, and Mr. Y started some construction on the road in front of our property. When we stopped him, then he showed me his previous deed where his property included the 2-cent land in front of my property. When I dig into the details, I realized, my father give 16 cents to my brother instead of 14 cents, which include the 2 cents we used as road. Also, he did not mention anywhere about the road instead, he used the word land. Words on the deeds was "In the 33 cents, by leaving 13 cents on the southeast corner, remaining 16 cents". Basically the land givent to my brother and him to x and y is in "reversed F" shape. Our property entry is through his land. I did not realized the deed wordings this until this issue. Past 25 years we were using this as road and based on that our gate is at the center of my property. Now Mr Y filed a case against me stating we are tresspassing to his property and entring to our property through the middle of the 2 cent he own even though we can enter through south west corner. My father passed away so I can not ask anyone why he wrote the deed like this and given fake promise to me. Now I need to defend him and continue get access to home for a car. Question is, am i going to lose access to our home through this road? Will court ask me to change my gate position to southwest corner? How can I continue get access to my home for a four wheeler?
A.Hello,
As per the information you have given you can institute a suit seeking permanent injunction from the court.
For better clarity you can consult with an advocate.
Dear Client,
A property when left by the deceased owner intestate i.e, without any will, is devolved upon the surviving legal heirs in equal share following the law of inheritance/succession. After t...
Dear Client,
The death certificate of a deceased person is a crucial document that is mandatorily required for the issue of a legal heir certificate either by the Municipal Authority or to apply for a...
Dear client,
If the seller of the property is not now in India, he can still execute a POA abroad, but the process is slightly different. His first step is to visit the Indian Embassy or Consulate in...
Dear Sir,
If there is perpetual restraint from selling the land then the grandson cannot sell without the permission from the Deputy Commissioner. The conditions in the Darkasth to be read.
Dear Sir,
Yes, the mutation will be taken place as jointly in respect of your respective wives. You have to produce certified copies of both the Gift Deeds.
You have selected a Lawyer whose location is different from your Location , if you wish to take phone consultation kindly pay and get the details of the Lawyers.
Type of Consultation
Fees
Phone Consultation
₹
Meeting Consultation
₹
Email Consultation
₹
Video Conference
₹
Request for quotation from the Lawyer.
You are a new user, please validate for security reasons
❶ Client Posts a Question by paying some amount
❷ All Paid Answers will be shown in N-Indicator (Open to Answer)
❸ You can reply and respond to the question
❹ Answer will be Approved by Admin based on content and on first come first serve basis.
❺ If answer is Approved then you will get your share. Status will be A-Indicator (Approved).
❻ If there are many Answers Posted then your Answer may get approved with a Lock. That means Client can view your response only if Client Unlocks by Paying Extra Amount. Status will be AL-Indicator ( Approved and Locked).
❼ If there are many Answers Posted you will Waitlisting tag. Waitlisting Answers may get Approved with a Lock or may not get Approved. It will be decision made by the Admin.
❽ Your share will depened on the number of Answers received and weightage given to your answer based on promtness and content.
➒ All amount will be accumulated and will be shared once in a month.
Your question is posted successfully. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601
Your question is posted successfully on the open forum. You will get your responses soon. You will be notified by mail and sms once Lawyer responds. THANK YOU! For any query drop a mail at [email protected] or call at 7604047601