My father and his friend bought a plot. We both build separate buildings in the same plot with one entrance gate which is in their side.
I have two tenants also . Me and my tenants use the same entrance gate.
My father’s friend had no objections in it.
We have been living in this same plot since from the year 2003.
My father and his friend is no more now.
Now the friend’s wife sold their building to another person. The new owner knew it beforehand that we all are using the same gate and they also didn’t raised any objections while buying the building.
But there is no written document that my family and my tenants can use the same gate.
Now the new owner is raising objections that my tenants can’t use the front gate as it disturb them. Reason is baseless.
I don’t have provision to build another front gate.
According to the new owner my family can use the front gate but my tenants need to use back gate.
The problem with Back gate is that the lane is too narrow as vehicles can’t enter the lane.
I don’t want to go for court related matters as it will take long time to solve.
At present my family (2 members) and my tenants (5 members) using the front gate only. But we are living in fear.
Mutual discussion is of no use.
I want to know according to Indian law can the new owner stop my tenants to use the same front gate??
I will be very grateful if I get any suggestions.
A.Dear Client,
A jointly owned property is enjoyed by the joint owners. So, you cannot protest the action of the co-owner or new owner who is within his right to do so. Try to settle the matter amicably with the co-owner, otherwise, you have to knock on the door of the Court for appropriate relief in the matter.
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Property issue
Decree by court i r o Specific PERFORMANCE of contract agreement
