Whether permission required from co-owners of the approach road
C.A Alok Mukherjee
(Querist) 16 June 2011
This query is : Resolved
I am looking to buy a residential unit. The seller will sale the ground floor and will construct a floor in the roof. The approach road of that flat is maintained privately by the owner of the said building with other two owners of separate building. Seller is of the view that he will mention in the deed of sale for transfer his share use of approach road and hence there is no requirement of getting permission from the other two co-owners anything for this. One of our member pointed that as a buyer i need to take the permission from the other two owners also. Now
my question the word "permission" is of no meaning unless legalised which can only be possible by executing separate deed. Am i correct?
Does the seller can exercise such right without a prior permission from the co-owners? Please give your expert views. As a buyer i am having some tension over here.
Guest
(Expert) 16 June 2011
if you buys the said building and if the other two person block the road than you have no remedy in this regard you have to approach the court and if the owner of this building is the owner of the other two building and the passage is under his possession then he can mention in the sale deed that such and such portion of this building is left for the passage and this will be utilised by this owner in future and no one restrict him and gives the ownership rights to you
C.A Alok Mukherjee
(Querist) 16 June 2011
Mr. Bishnoi
The owner is not the owner of other two building. So may i presume that going to buy this property will put me uncalled trouble unless the other co-owners agrees by giving their consent in a separate deed. Am i right Mr. Bishnoi?
prabhakar singh
(Expert) 16 June 2011
AN ALTERNATIVE CAN ALSO SERVE IF YOU GET THE SIGNATURE OF TWO OTHER OWNERS ON THE VERY SALE DEED BEING EXECUTED BY YOUR SELLER,OTHERWISE YOU DO NEED AN OTHER DOCUMENT AND THAT WAY YOU ARE CORRECT AS THIS NEED MAY BE DISPENSED WITH ONLY IN ONE ,THAT THERE IS ALREADY AN AGREEMENT SUBSISTING AMONG TRIO,WITH A CLAUSE THAT IN CASE OF SALE BY ANY OF THEM,THE OTHER TWO SHALL HAVE NO OBJECTION TO THE USE OF THE WAY BY BUYER.
AND IT IS TOO MUCH NEEDED IF THEY HAVE BEEN DOING SO TILL DATE ONLY WITH GOOD MUTUAL UNDERSTANDING AND HAVE NO AGREEMENT AT ALL.
PALNITKAR V.V.
(Expert) 16 June 2011
It would be always better to have written permission of the other two owners, if there is none at the moment. Even otherwise, if the previous owner was using the alleged way for access continuously, peacefully without any disturbance for a long period, then it can be presumed that he has acquired easementary right. Besides, it the position is that if the two owners block the way then there remains no other way for access, then also you can claim easementary right. But to avoid any complications, it is better to have written permission
Devajyoti Barman
(Expert) 16 June 2011
If the seller along with the other owners of the adjoining building have been using this approach road as the only way for egress and ingress peaceably and without any objection from any of them then the right of easement has been rightly established which will pass on the future buyer( here you ) of the property.
So in that circumstances you absolutely need no consent from any of these owners.
