Right of easement
MD JAMAL MUSTAFA
(Querist) 22 July 2013
This query is : Resolved
i hv two residential plots in urban area. Between the two plots one vacant plots of the second party. one plots has completed for residential purpose and i am living that flats from five years. Second party is selling own plots to third party whenever iwant to purchase that plot . what can be procedure either stay or purchase . kindly give the best suggesstion. I follow the muslim personal law.
Adv Archana Deshmukh
(Expert) 22 July 2013
You offer him a good price and purchase it. You cannot force the owner to sell the plot to you only and muslim personal law has got nothing to do with this.
MD JAMAL MUSTAFA
(Querist) 23 July 2013
i want to purchase that plot whether my question that owner of that plot take advance to third party but in these circumstances can i file the suit under right of easement. can court give the order for stay along with direction to purchase adjoining land owner.
prabhakar singh
(Expert) 23 July 2013
From a query of kidnapping by B of daughter of innocent x and then FIR by mother of B against x kidnapping B,now YOU 'hv two residential plots in urban area.'reveals that you are a lawyer.Yet you do not know to put facts in the way they should be put.
Your query is whether being governed by muslim personal law you have preemptive right of purchase of a plot that lies in between a plot and house owned by you TO WHICH MY ANSWER IS 'NO'
malipeddi jaggarao
(Expert) 23 July 2013
You do not have any remedy either under Personal Law or Easement Rights. He is free to sell his plot to whomsoever he wishes. Only way out is to offer a better price as you have location advantage.
Raj Kumar Makkad
(Expert) 24 July 2013
Personal law has nothing to do for the purchase of the property. Rule of demand and supply shall prevail. There is no case of easementary rights in the given facts.
