Legal Question in Real Estate Law in India

i have a plot of land measuring 30 bighas. there is a approach road going to the said plot which i got from one person as power of attorney.but when i went to check it in office i found out that he has sold the land to some another person.

also this approach has been used by me for the past 30 years without any disturbance but now another person comes and says that he has bought it and has threatened to block the rod. please advice?


Asked on 5/24/12, 5:56 am

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

24.05.2012

Dear Sir / Madam,

A common approach road to a plot of land unless specifically private, is usually treated as "no man's land" for public access with no permissible obstructions and encroachments thereon. In towns and cities, the approach road is usually maintained and serviced for ashplating and lighting by the local panchayat / municipality.

Purchase / Sale of land through Power of Attorney invites all sorts of troubles and hassles for the buyer at the time of purchase, and should be discouraged. A wise person always ascertains and verifies the ownership and title of the seller in the record of the local District Registrar. After paying the agreed consideration, he ensures his name comes on the Government record by getting the Sale Deed registered, after paying the prevailing Stamp Duty.

All will depend on the actual ownership and status of the approach road.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/24/12, 6:20 am
Shrichand Nahar S.V.Nahar, Advocate

Approach court.

Read more
Answered on 6/06/12, 11:53 pm


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