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sakiorau   24 May 2017

Right of way

Sir I have a property that I got from my father through family settlement along with my three brothers.we have a common passage which has a well and all our drainage connection runs through that.apart from my Youngers brother everyone has access directly through the main road or the side road.now the brother whose house is landlocked and having access only through the common passage threatens to sell his share to the adjacent plot owner so that he will also use the common passage and trouble us though the adjacent plot owner also has access to the main road.is that possible. Can we stop him from using the common passage.also he had occupied some 60 sqft of the common passage and built his kitchen.now he is asking for more share in the common passage.kindly reply


Learning

 2 Replies

Ms.Usha Kapoor (CEO)     25 May 2017

YOU FILE A SUIT FOR DECLARTION OF LEGAL RIGHT TO COMMON PASSAGE AND ALSO INJUNTION PREVENTING YOUR  TROUBLING BROTHER NOT TO INTERFERE WITH YOUR ENJOYMENT TO COMMON PASSAGE.

1 Like

P. Venu (Advocate)     25 May 2017

It is the discretion of your brother to sell the land. The buyer will be entitled for the subsiting rights.


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