Easementary rights
jagadish
(Querist) 30 November 2012
This query is : Resolved
Dear Experts
my uncle purchased a immovable property in the year 1988 through gpa cum affidavit from a registered owner who purchased property from land lord through registered sale deed in the year 1980 by paying sale consideration the property schudle is like this east road, west road, north others property, south site no.47/48/49, and in the gpa also the same schudle is reflecting but now land lord constructing a building in a place which is mentioned as road in the east side of the schudle property. my query is their is any act to stop land lord work.
Raj Kumar Makkad
(Expert) 30 November 2012
You obtain a stay order against such person who is stopping the public road shown in your sale documents as well in the sale-deed of original owner of the land, however, it shall be better to see the Sijra (revenue map of the area) so that it may be got confirmed first whether the same is shwon as road therein or not otherwise easementary rights are always available to you as the same road is being used without any obstruction of the true owner since last more than 30 years.
