Legal Question in Real Estate Law in India

Hi,

We had a property for which the access road passes through the property of my 2 brothers. We earlier had a verbal agreement that they would allow the passage to be constructed through their property. A 30 feet wide road now runs through their property to allow access to mine. It is a private road. Now I have sold my property. The person who bought it got a residential project approved by the authorities. Electricity poles also line the side of the road reaching the property I sold.The person who bought my property has an entrance gate opening on the 30 feet wide road which runs through the property of my brothers. My brothers have now issued a notice to the buyer saying that he should stop accessing the property through that passage and close the gate that faces their property. It is true that the property is theirs but the residential project has been approved by the relevant authorities marking the 30 feet wide road as common road as there is no other way to access the property. Please advise whether my brothers can legally block the entrance to the property. The road is constructed, cemented for about an year now.


Asked on 7/13/11, 4:08 pm

2 Answers from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Blocking an existing right of way is difficult, unless an order of court is issued.

Be vigilant against your brother approaching court and getting some sort of ex-parte orders. Consider filing Caveat, keeping a watch in the court etc.

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Answered on 7/13/11, 9:34 pm
Sanjay Kalra Sanjay Kalra & Associates

Yes your brother can block the road legally.

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Answered on 7/13/11, 11:38 pm


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