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gvs (service)     10 August 2012

What is the best opinion?

sir,

at present my property came to me after demise of my mother which was purchased from her family members(father,bothers & sisters). however, in that land the direction of the house at that & now is west direction which was common for to & fro of my mother side relatives also. since 1963 the old house direction is west, my mother side relatives they never objected till date. In my registered sale document at that time also shown as "common way to both" on west side. Recently muncipal surveyor has come to my house after my request to find my boundaries as per muncipal lay-out plan. At that time muncipal surveyor says that as per muncipal lay-out plan, i have no right to my house direction towards west due to my house survey number & my relatives survey number were different.

 

Now,my question is  i want to remove old house & construct new house in the same direction but my relatives were objected due to muncipal survey lay-out plan but in my registered sale document between her family members & my mother is shown "it was common way to both"

please post to my query from experts please 



Learning

 3 Replies

S Jadhav 98336 98330 (Jadhav & Associates)     11 August 2012

In a family matter like this, it is advisable to discuss and arrive at a solution rather than filing a legal dispute/case.

Though the municipal corporation survey may have indicated the plots, they cannot object to your house facing a certain direction. There could be an issue of the right of way which seems to be common for both houses and that will go in your favour if you can show that the path was used by both houses and the clause of common use was also there in your registered agreement.

Please resolve by discussion.

S Jadhav

gvs (service)     11 August 2012

thank you sir,

but as per muncipal lay-out plan, the common path fall under my neighbour relatives survey number, but which was writtened in my registered document as common path "rassi tala vakili" i.e. common to main direction

they have complained against me as i have came to outside of my boundaries for construction but entire my construction is under my boundaries only.

reply me

gvs (service)     14 August 2012

sir,

how to follow to solve my problem which was shown above, opinion of experts may welcome


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