Legal Question in Civil Litigation in India

Dear Experts,

I live in kerala. We bought a house which also has a private road connecting from the main road. In the sale deal it is written like the road can be used to take all telephone, water and electricity connections to the home. But it is still with the owner and he cannot have any rights over it. The owner sold the land to a person and he constructed house and after selling to another person, we got from him. We are the 5th owner of the property. It is not necessary to buy the road as we alreadt have rights to use it.

But now the owner is in heavy debt and he offers to sell the road entirely to us. We wanted to help the middleclass man now but at the sametime we need to check whether we will have any benifit on buying this. So following are my doubts. Kindly clarify them.

1) After buying this road, can it be included as a land property of 3 cents along with our propery? or it ll be still road only? I mean will it get added to the land area of our property and we can sell it as land (say 25 +3 = 28 cents) or still we will have sale ownership only for the property land?

2) Since the owner is a person belonging to SC community, is there any specific rules for buying some property directly from him?

3) We have bought the house by taking a home loan from state bank of india. So the original document of the house where the rights about the private road is mentioned is with the bank. We only have the photocopy with bank seal. In case we buy the road land (still its plain land only, no roads have been laid and not belong to panchayat) , do we need the original document of the house?

Kindly clarify these questions as the owner is in heavy debt and we really wanted to help him but at the same time we do not want to spend our hardearned money on buying road in case it will not get added to our property value.


Asked on 4/21/13, 10:11 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

22.04.2013

Dear Sir,

An approach road is usually considered as "no man's land" which is for the common welfare of all the plot owners to which the road leads. If it a specific road to only your plot, still it cannot be included in the area of your plot.

1. No. You enjoy the ownership of 25 cents only with a mention that there is a private road of 3 cents leading to the plot.

2. There are no specific rules.

3. You can assist the owner as a goodwill gesture but it cannot be treated that you have purchased the road.

Regards,

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Answered on 4/22/13, 5:44 am


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