Right of way vis-a-vis possible claim of adverse inference
Natasha Prakash Bankeshwar
(Querist) 03 July 2016
This query is : Resolved
A Builder and Developer are developing a plot of land at Mumbai which is owned by a neighbor of the Co-operative Housing Society of which I am a member. The said Builder and Developer have now submitted a proposal to the said Housing Society for a right of way in perpetuity across the Land, owned by the said Housing Society, for ingress and egress of the members of the Buildings to be constructed by them and they have also offered to pay some consideration amount to the said Housing Society by way of compensation. Kindly guide / advise me as to what necessary steps are required to be taken by the said Housing Society: (1) to safeguard the interests of its members, (2) to ensure that the ownership title of the Land in question continues to remain with the said Housing Society and no future claim of adverse possession is possible and (3) any other step or steps in the interest of the said Housing Society and its members. Warm regards, Natasha Bankeshwar.
Kumar Doab
(Expert) 03 July 2016
Once agreed it may amount to easement rights.
Approach a very able counsel specializing in such matters and let your able counsel advise you with considered opinion and draft an agreement so as t defend your interest.
Rajendra K Goyal
(Expert) 03 July 2016
Discuss with local lawyer and show him all related documents.
adv.bharat @ PUNE
(Expert) 04 July 2016
Housing society members need to conduct their meeting for granting such way for other to access their property.
What may be their effect or benefit to them?
Whether conveyance deed is done in favour of society?
If yes then no need for future consequences of land ownership.
If NO then need to do it in order to get owner ship of land to society.
Dr J C Vashista
(Expert) 10 July 2016
Why the CHS is interested to allow ingress/ egress of builder/developers flat owners through their land?
It is going to create interest of builder/developer in the land allotted to CHS (presumably on a perpetual lease) on acceptance of any consideration, which is illegal.
How CHS can grant the right, is it allowed as per MCS Act/Rules?
Can Managing Committee/General Body of CHS sell out a portion of land to builder/developer? Answer to the question is Big NO.
