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Ownership of common passage in a partitioned land Ownership of common passage in a partitioned land

10 months ago

Our parental land of around 21 cents was given to three of us through registered gift deeds and each of us got 7 cents each. In the deeds, it was mentioned that each of us has right to use a pathway of 3 meter upto the road provided on south side of the plot along with the other two, accordingly a pathway was marked out. During resurvey of the land by the concerned village office, the common pathway of around 3 cents came under survey no: XX and individual exclusive land of 6 cents each after deducting 1 meter each for the pathway came under different survey nos: AA, BB and CC. Now we wish to sell the whole land of 21 cents as one plot to a buyer. The buyer is saying that the original title deed is only acceptable for the individual land of 6 cents ( total 18 cents) and we have only right to use the common 3 meter pathway ( survey no: XX) and we have no absolute ownership rights according to him, which we do not agree, but the buyer is not convinced. Pl advice what shall be our legal stand.

Kishan Dutt Kalaskar

Responded 10 months ago

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A.Dear Sir,
It all depends upon the wordings used in the said registered Gift Deeds otherwise nobody can claim such rights.
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Anik

Responded 10 months ago

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A.Dear client,
As you are selling the whole land, the common pathway doesn't come into the picture. It will get merged with the remaining part of the land. Please consult a lawyer for further details
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