Legal Question in Real Estate Law in India

Hi,

My brother has a house to which there is a 15ft wide access path. There is no other path to access the house. This 15ft path is in joint names of 3 people which includes my brother (owner of the house) and me. He has another peice of land adjoining which does have a face on the main road and is accessible from there. However, my brother has opened the gate of even that plot onto the 15 ft path. Is it allowed to do so ??

Also, can he unilaterally pave the 15ft path without the permission of the co-owners of the path.


Asked on 10/05/11, 8:22 pm

3 Answers from Attorneys
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

You may make a claim of damages for your share of land being used by him.

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Answered on 10/05/11, 11:37 pm
KarVai Legal Solutions Rajiv Gupta 9811284735 Ch.No: 359, Western Wing, Tis Hazari, Delhi www.karvai.in

no he can not without permission of co owners

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Answered on 10/07/11, 3:56 am
Shrichand Nahar S.V.Nahar, Advocate

If right of way is by way of an written instrument, check terms thereof.

If it is by prescription, then there may not be any restriction on use by all the concerned.

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Answered on 10/07/11, 10:40 pm


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