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Suraj Koley (Student)     22 December 2021

Common passage dispute

Mr X claims to have a passage through my common passage, but we have separate holding number . But he says he has common passage in his land deed (which I think can be manipulated) , should i accept it ? Or refuse it . How to know that he actually has or hasn't the common passage he claims .. how to look the land deed and what to look for when I am investigating ? He is ready to show me his land deed.


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 6 Replies

SHIRISH PAWAR, 7738990900 (Advocate)     22 December 2021

Hello,

Verify the land deed with local lawyer. Further if it is common passage then both of you can use it and no one can restrict other. 

Suraj Koley (Student)     22 December 2021

Is it possible to have same common passage with different holding number ? It was not there is the privious land deed of the owner. Since the new owner has bought recently he has some how put it in the land deed I think.

P. Venu (Advocate)     22 December 2021

Any suggestion involves disputed questions of fact which requires the facts to be ascertained and documents perused.

G.L.N. Prasad (Retired employee.)     22 December 2021

You can obtain a certified copy of the document from the Village office or Registrar and if he is already enjoying such easement rights, it is the opposite party to go for such suit or seek orders from competent Tehasildar.

Dr J C Vashista (Advocate)     23 December 2021

Show the documents to a local prudent lawyer for better appreciation of facts and professional advise.

Aryan Raj   23 December 2021

In response to your query, 

To have a better clarity you can go for title verification of both the new owner and the previous owner of the property, as a legally valid copy of a land title can be held by each owner. To ensure the legitimacy of each county-issued copy, the registrar of deeds makes a note of each owner's copy in the recordkeeping system. Therefore to identify the changed details(as you mentioned) in the new owner's deed you can formally file a petition in this regard so that the property can verified.

Regards,

Aryan Raj 


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