Issues on way for neighbour apartments
sindhu
(Querist) 26 May 2014
This query is : Resolved
MY APARTMENT NAME IS VAIKUNTAM APARTMENTS,IS LOCATED ON GST ROAD BETWEEN URAPAKKAM AND GUDUVANCHERRY ADJACENT TO AKSHYA APARTMENTS. MY ISSUES IS,IN OUR SALE DEED THE VENDOR REQUESTED TO GIVE WAY AND IN THE LAND APPROVAL ALSO SAME HAS GIVEN, EVEN IN THE PLAN. I QUOTED THE LINE WHICH MENTIONED IN THE SALE DEED "the purchasers does hereby agree with the vendor that they shall provide a right of access to janak’s pushpa shanthi nagar, by a 24 feet wide road, situated at no.06, nandhivaram village, chengalpattu Taluk, Kancheepuram district, comprised in survey nos. 432/1, 439A/1B, 433/1A, 431/1B. Measuring an extent of 417 cents developed by M/s. Sterling Estates and the properties limited from the highways. However the said access shall be at the choice of the purchasers". MY QUERY IS, IS THERE ANY WAY FOR US TO NOT ALLOW THE NEIGHBOURING APARMENTS PEOPLE TO ENTER OR USE THE WAY. THEY HAVE PROPER PANCHAYATH ROAD, EVENTHOUGH THEY SEEKING WAY THROUGH OUR APARTMENTS.WE WANT GATED COMMUNITY APARTMENTS.
Sankaranarayanan
(Expert) 26 May 2014
IF they have way then why ask you additional. If you not willing then no need to give it. Are you sure those path way is come under your property
Lawyer SALEEMA KABEER
(Expert) 26 May 2014
1. Whether the said portion of access is a part and parcel of the sold property?
2.Whether the sale amount was paid on making calculation by including the said access portion?
3.Whether your vendor had absolute right over the said property which includes the alleged access?
If the answers are "yes" to all the said questions and if there is no court order at any point of time to leave the said portion for the public access, no doubt, you need not allow the others to enjoy the same.
Note that no condition could be imposed by the vendor to the purchaser and he can not instruct or request the purchaser by restricting or affecting the purchaser's absolute right.
Rajendra K Goyal
(Expert) 26 May 2014
Some basic questions as raised by the expert Lawyer SALEEMA KABEER need to be replied, consult a local lawyer and show him all the documents.
Inhabitants of neighboring building have no right of way till they have separate way for them.
