To buy a way from other's property
HP
(Querist) 02 March 2012
This query is : Resolved
Dear Experts,
I have agriculture land in gujarat, since 15 years. My farm is surrounded on one side by say A, other two side by B and one side by C. A's farm is on main road, i always went to my farm from main road to A's farm to mine. A had never problem with that, but since last year his son is looking after and also rate of property has gone higher so he tries to stop me from using way from his farm. He says my actual way is from B's farm but has no evidence, nor do i have. In our reg. documents also there is no mention of any way. I had asked local expert here, he told me that we can get stay order and continue using that land and mostly on human rights basis we will get the way. I want to solve it amicably, because he will be always in neighborhood, where as i stay away so thinking legal resource as last way. So i talked with A for buying that much land, he gave me two options:
1. I pay him the amount half of market rates and he will readily sign on 100/- stamp paper notarized with agreement for purpose of way only and both of us will use that. and in return i have to make agreement for giving same amount of my adjoining land for his farming.
2. I pay him full amount and buy the way, but agreement will be done only on stamp paper and notarized, no registration. Reason he cites is land for way is very small compared to his farm and he don't want to mess up with all records like 7-12, and others and as per him it is perfectly legal if we do this.
My query is
Is it ok if i buy the way by making full payment and get agreement for utilizing way on notarized stamp paper. Will that be valid in future also??
Or any other suggestions.
Thanks and sorry for such a long query, but i am somewhat tensed with this matter.
Kirti Kar Tripathi
(Expert) 02 March 2012
You have a right to pass through A land. It is easementary right. A cannot stop you to enjoying it. You can get injunction from civil court against his action.
V R SHROFF
(Expert) 02 March 2012
Get a notorised declaration that he accept your easement right to way.
That in future, he will not stop you using way to your farm.
AND IS BINDING ON HIS HERS.
& that he received full payment and purchased the land, but for avoiding complication of Govt, Record, not registering this Sale Deed.
Let facts be recorded.
Arvind Singh Chauhan
(Expert) 02 March 2012
File a suit for injunction as suggested by Kirthi sir. Ask the date in Lok Adalat and settle the matter accordingly, And get the copy of judgment and decree for future.
Raj Kumar Makkad
(Expert) 02 March 2012
Instead of getting the undertaking on notarized stamp paper, it shall be good to make his undertaking as part of court decree.
You in agreement with A/his son, shall have to file a civil suit for declaration of easementary rights and after the summoning of A in that suit, you both mutually frame a settlement and provide it in the court so that it may become a decree of the court vide which you may pay to A the agreed amount and he shall admit your permanent easementary right to use that path from past.
prabhakar singh
(Expert) 04 March 2012
Yes! Better you file the suit for injunction
and get the same compromised as advised.
