common passage for only 2 people can that be sold

Querist : Anonymous (Querist) 26 September 2010 This query is : Resolved
my mother has given 3 feet by 30 feet common passage for daughter to use it. My mother died intestate. We are selling the property can we sell that common passage and mention in the agreement that the common passage has to be used by purchaser and my daughter. She has got another general common passage of 9 feet by the side of her house , which normally everybody can use.

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s.subramanian (Expert) 26 September 2010
Yes. You can do so.

Kiran Kumar (Expert) 26 September 2010
well friend you have got right to sell it off in absence of any documentary evidence.

but once the matter goes to litigation then it all will become a matter of evidence, so either do it out quickly or talk to the daughter (ur sister) in order to avoid litigation.

G. ARAVINTHAN (Expert) 26 September 2010
yes if the same can be mentioned in the sale deed

Kirti Kar Tripathi (Expert) 27 September 2010
yes,

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