Injunction Suit

Iqbal Mohamed (Querist) 24 May 2011 This query is : Resolved
Hi,
I have purchased 12000 sqft land from the 2nd owner and got all the registration formalities completed.

This was anchestral land and sub division was done long time back. From the 1st owner the land was purchased by 2nd owner.

Now my 1st owner has filed Injunction suit against us since he does not have a way to go to his remaining piece of land.

Please inform how to proceed further on this.

Follow Query

Report Abuse

PALNITKAR V.V. (Expert) 25 May 2011
If the 1st owner does not have any other way to approach his land, then you will have to give way. See if the easementary right had been granted by the 2nd owner to the 1st owner at the time their transaction. If it was not given by the 2nd owner and the 1st owner has any alternate way to go to his land, then 1st owner will not succeed.

Iqbal Mohamed (Querist) 25 May 2011
Hi,

Thanks a lot for the speedy and very clear response.

1st Owner has alternate way to goto his land. but by doing that he will be wasting 4000 sq ft of land. Hence he is looking for a way from my land.

There was no easementary right was granted by the 2nd owner to 1st owner. It was just purchase of land and the same is purchase by me.

M/s. Y-not legal services (Expert) 25 May 2011
Am agree with senior mr.palnitkar. Dear author, Every sale deed regard propertys will be mentioning about easement rights.. See your sale deed some clearly. Thats a usual words..

Guest (Expert) 26 May 2011
Very correct solution by Mr. Palnitkar. You will have to see only what was the earlier approach system for the 1st owner to reach his portion.

Guest (Expert) 27 May 2011
It is not the question of having the alternative way, but the question of which way of approach he is already using. If he uses the said alternative way to go to his property, you may just take photographs, rather video shooting, while he or his family uses that way while coming or going to his property to submit as an evidence in your favour.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries