90,000+ Legal Questions Answered
Property joint way issue
3 weeks ago
Recently we have purchased a property that has joint way of 9 feet in document. There are four plots from west to east, we have bought property 3. The seller of property 3 gave us a joint way of 9 feet. Property 1 and 3 are the husband of property 3 owner. The actual passage of all properties is 7 feet. But while selling 3 both wife and husband obeyed for 9 feet joint way and husband signed as witness in the sale deed. Now the owner of 1 and 2 denying passage after selling the property. Now what i have to do here
A.Dear Sir,
It seems owner of property No.2 not consented to give joint way of 9 feet. You may exercise your rights if possible while filing a suit for easement.
It seems owner of property No.2 not consented to give joint way of 9 feet. You may exercise your rights if possible while filing a suit for easement.
Helpful
Helpful
Share
A.Dear Client,
You are entitled to the common passage area of 9 feet as mentioned in the Sale deed. However, suppose the area is causing trouble to other co-owners of the property by interfering in their property, it is advisable to follow a common share of passage to avoid any disputes. Further, you can rectify the error in the sale deed by filing a rectification deed before the Registrar/Sub-Registrar. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you
You are entitled to the common passage area of 9 feet as mentioned in the Sale deed. However, suppose the area is causing trouble to other co-owners of the property by interfering in their property, it is advisable to follow a common share of passage to avoid any disputes. Further, you can rectify the error in the sale deed by filing a rectification deed before the Registrar/Sub-Registrar. If required, you can consult an advocate for advice and assistance in the matter.
Hope it helps.
Thank you
Helpful
Helpful
Share
A.Dear Client,
Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In a multistoried building common exitway should be common for all and any deviation in common space may lead to controversies and disputes among the other flat owners who are equally entitled to use common space in equal share. So, if the common passage of way is mentioned as 9 feet in your sale deed in contradictory to the passage of other co-owners of the building, your sale deed requires to be rectified to resolve the issue once for all. A deed of rectification which, is also referred to as a deed of confirmation, correction deed, confirmation deed, supplementary deed, amendment deed, etc. required to rectify the error in the Schedule of property of the original deed with the prior permission of the Registrar/Sub-Registrar. Both parties to the contract(Seller & Buyer) must consent to the revisions requested and attend at the sub-registrar's office for the registration rectification deed. A rectification deed is recognized under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in a legal document. Reach out to an Advocate for guidance and steps.
Given the situation, you need to adhere to the Schedule of the property as mentioned in the Sale Deed. In the query, you mentioned that the actual passage of all properties is 7 feet. In a multistoried building common exitway should be common for all and any deviation in common space may lead to controversies and disputes among the other flat owners who are equally entitled to use common space in equal share. So, if the common passage of way is mentioned as 9 feet in your sale deed in contradictory to the passage of other co-owners of the building, your sale deed requires to be rectified to resolve the issue once for all. A deed of rectification which, is also referred to as a deed of confirmation, correction deed, confirmation deed, supplementary deed, amendment deed, etc. required to rectify the error in the Schedule of property of the original deed with the prior permission of the Registrar/Sub-Registrar. Both parties to the contract(Seller & Buyer) must consent to the revisions requested and attend at the sub-registrar's office for the registration rectification deed. A rectification deed is recognized under Section 17 of the Indian Registration Act, 1908 and is a perfectly legal way to correct errors in a legal document. Reach out to an Advocate for guidance and steps.
Helpful
Helpful
Share
Read Related Answers
False civil case to prevent sale of the property
Dear Client,
To address a false case or complaint filed against you, you can seek its quashing through a petition before the High Court under Section 482 of the Code of Criminal Procedure, 1973. Secti...
CHit Fund
Dear Client,
When a person issues a cheque against a promise or against any refund of money refundable by her or him and in the absence of any agreement, the cheque receiver holding the said cheque i...
Terrace rights
Dear Client,
The rooftops of the Building are also known as an open terrace and a part of the common area useable for all the floor owners of a multistoried building. Legally, a Landowner or Builder...
Disciplinary process for officer rank employee and a management staff.
Dear Client,
Holding a managerial position in the company, you have to pursue your grievance in respect of fairness or unfairness of disciplinary proceedings that ended up imposing harsh punishment be...
Repairing require for 4 storage Building
Dear Sir,
Every major repair to any building requires permission from local authority like KMC etc.
Read Blogs on Civil
Civil Lawyers
Find Lawyers by Location
