We have ancestor property divided between 3 sons & mother (Party-1...as my father is no longer exists, he passed away 12 yrs back ) with father's brother(Party-2). It had 1200 sq.ft. After partition, each of the party owns 549 sq.ft with 122 sq.ft as common passage. Each party would get 61 sq.ft as common passage to use across.
Party-2 has constructed the house in the partitioned 549 sq.ft in an agreement to use the common passage with Party-1. Now, one of us in Party-1 are interested to take the property (includes common passage) by settling between brothers and mother. During the selling of the land/site, do we need to consider the common passage as well or not? It is very clear that it cannot be used for construction purposes at all, because Party-2 is also using the common passage. During the initial partition itself, based on the agreement between both the parties split was made and the common passage was made.
Please advice!!!
