Legal Question in Civil Rights Law in India
My brothers had three tiled houses A, B, and C. All are facing South. Northern side of these houses, there is common lane L1 of 2 feet breath. My brothers sold house C to me. My brothers sold houses A and B to Mr.X. My brothers have no other property now.
In the Western side of house A, there is a common North-South road is going.
In between houses A and B, there is a North -South lane L2 of 2 feet breath to reach the back side common lane. In the registered sale deed, my brothers had mentioned the lane L1 alone to me. In the registered sale deed of Mr.X, they had given 50% rights on the lanes L1 and L2.
Mr.X demolished houses A and B , in order to construct one single house without leaving the lane L2.
If I had to go to the back side of house C, so far I used lane L2 to reach lane L1 for white washing, septic tank cleaning, rain water removing etc.purposes.
Whether Mr.X who got only 50% rights on lane L2 can construct single house without leaving lane L2, because the lane L2 is laying between his houses A and B and also my document is silent about lane L2?
What legal action I have to take to use the lane L2 by me?
2 Answers from Attorneys
If you have a right over L2, Then X has to give you a right of way by way of an easement. Send him a legal notice at the earliest.
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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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