Legal Question in Civil Rights Law in India
My brothers and my self had joined property. We made partitioned in 1975. Accordingly, A, B, C were three houses to my brother and D one house was allotted to me. Each house is 50 feet X 50 feet size(2500 Sq.ft) in a single row side by side facing south. In front of the houses we left a common passage of 200 feet length and 10 feet breath. There is also a public road adjoining our common passage. I have a vacant land Northern side of the public road and Western side of house A and Common passage.
My brothers had sold houses A and B to Mr.X and given rights of 100 feet length in our common passage in front of these houses to enter him from the public road in the registered sale deed. House C was sold to me by my brothers with 200 feet length passage right in the registered sale deed. Now my brothers have no property after this.
Mr.X has given me a legal notice that he is having 200 feet length rights which is including the common passage in front of my properties as both purchased houses from my brothers.
Whether the claim of Mr.X is legally correct when there is a public road adjoining to the common passage?
2 Answers from Attorneys
You should reply to the legal notice through a lawyer, citing the exact averments in both the sale deeds clarifying your stand. You may also drop a detailed query at [email protected]
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JSR/141013
15.10.2013
Dear Sir / Madam,
Common passage being "no man's land" is for the common usage of all the house owners and there is no way it can be sold.
Regards,
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