Re: walkway understanding between family!
Rudolf Rodrigues
(Querist) 15 May 2013
This query is : Resolved
Dear learned lawyers,
My father and two of his siblings have plots side by side. Under a family understanding, my father's two siblings were allowed to use a walkway path passing through my fathers plot. Now, my fathers siblings have sold their plot to a builder who is building a multi storey building which will house multiple flats. Hence, I blocked the pathway. Now, my fathers siblings are insisting on continuing providing the same pathway which is liable to be used by the entire building.
The pathway since the use of pathway earlier was purely a inter family convenience arrangement between siblings; and now, since they have given up their plots to a builder who is constructing multiple flats do the siblings have the right to force my father to give the pathway since the equation has changed and outsiders (potential flat holders) have come in the picture?
In this context, how can I prevent them from forcing the pathway access?
Your valuable replies will be highly appreciated!!
Thanks,
ajay sethi
(Expert) 15 May 2013
was any written agreement entered into for use of the walkway . ? is there any other access to the plot ?
Rudolf Rodrigues
(Querist) 15 May 2013
Dear Sir,
Thanks for your prompt reply!
Yes there was a written agreement between the siblings on provision of the walk way through our plot.
There is a perfect access to the said plots on which the building is coming up on the other side. It is not the builder who is insisting the walkway through our fathers plot, but my fathers siblings who are insisting!
Your reply is highly appreciated!!
Thanks!
ajay sethi
(Expert) 15 May 2013
your siblings must have sold the said plot on basis that there is access from your plot .
neccessary to go through your written agreement .
if you refuse access builder and your uncles will move courts for necessary reliefs
Rudolf Rodrigues
(Querist) 15 May 2013
Thanks again Sir for the clarification!
The combined plots on which the building is coming up are three in total (two belonging to my dad's two siblings and another one not related at all to our family)!! There is total access from that outsiders plot to the building which is being built!
Can only these two siblings put a condition with the developer in the agreement with him?
In such a scenario can only two plot holders (dads siblings) who had a written inter family arrangement with my dad for use of pathway still enforce their rights even after giving up their plots along with another third party (who is not party to the inter family arrangement) to the builder whose building will house multiple flat owners and the pathway through our plot will become like a unrestricted public pathway and nuisance?
Moreover, it is not the builder who is insisting, but my fathers siblings!!
Thanks in advance for your valuable views!
Raj Kumar Makkad
(Expert) 16 May 2013
As the use was permissive as per family arrangement so you have every right to revoke that permission which you have done. Now let the other party go to court as you are not bound to provide the pathway out of your own property without purchasing that property, if you are agree to sale.
ajay sethi
(Expert) 16 May 2013
if your father siblings have in writing complained to you regarding closure of path way then you should in reply mention that it was an interse family arrangement for benefit of immediate family members only. if un restricted access is allowed it would be a nuisance to your family and there is alternative access to said plot now sold to builders
R.K Nanda
(Expert) 16 May 2013
no more to add.
Rudolf Rodrigues
(Querist) 16 May 2013
Thanks a lot to each one of the learned lawyers for your prompt opinions!
God Bless!!
