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Ramachandra Kamath (AVP)     10 July 2023

Ownership of common passage in partitioned land

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 ine survey no: XX and individual exclusive land of 6 cents each after deducting 1 meter each for  the pathwy 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 no absolute owneship rights. Pl advice what shall be our legal stand.



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 9 Replies

T. Kalaiselvan, Advocate (Advocate)     10 July 2023

Since the pathway belongs exclusively to all  the three shareholders  and as all the shareholders decided to sell the property jointly then can very swell sell the pathway rights also by way of separate sale deed since it is a part of the property beionging to all the three shareholders. 

The buyer cannot ask for free of cost for any reason because all the three sellers are the only persons entitled to this pathway, so they can execute a separate sale deed for sale of this pathway jointly similar to the joint sale of the main property.

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Dr. J C Vashista (Advocate )     11 July 2023

Physical possession /usable of 18 cents can be owned by seller after leaving 3 cents of land for pathway, accordingly buyer is right.

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Ramachandra Kamath (AVP)     11 July 2023

Thank you for the response..

I wish to clarify that since we are selling as one plot of land to a singly buyer, the land marked for the pathway can be combined/ merged with the 18 cents and the total area becomes 21 cents... the combined plot has public road on the east side for direct access. The pathway was necessary only if the land were to be used as three plots.The original deeds have bestowed owneship of 1/3 of the entire land ie 21/3=7 cents to each of us. With these considerations, buyers arguemdnt that we have only right to use ( and no owneship) rights on the 3 cents looks difficult to comprehend. Appreciate a further opinion considering the above. Thanks

T. Kalaiselvan, Advocate (Advocate)     11 July 2023

If the original gift deed was for 6 cents each in all the three gift deeds then you all cannot sell the pathway combining the same to your allotted gift property.

One cent  each to the total extent of 3 cents can be sold jointly by all three as a separate schedule of property through the same sale deed.

For any further opinion the property related documents are to be perused/scrutinized, hence you can consult an experienced advocate in the local and proceed as suggested.

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Ramachandra Kamath (AVP)     11 July 2023

Thanks a lot for prompt replies,

in the original gift deeds, we received 7 cents each (the three put together totalling the entire extend of the land of 21 cents). 
best regards 

P. Venu (Advocate)     11 July 2023

The facts posted suggest the property to be private pathway. As such, the intending purchaser cannot get the same free of consideration.

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Ramachandra Kamath (AVP)     11 July 2023

Thank you for the reply.

Mr. Sumitra kumar (Advocate)     11 July 2023

Relying on freebies may put you in trouble. However, it's a substantive question and hence this reply.

common pathway ownership is in jointness. If you all are agreed then 21 is the answer otherwise 18.

 

Thank you.

T. Kalaiselvan, Advocate (Advocate)     11 July 2023

You are giving information and background details on a piece meal basis.

If the gift deed has mentioned that 7 cents each was transferred to each by this gift deed, then there's no problem in selling the entire cents into three together by all the by executing a registered sale deed jointly.

The pathway was an arrangement among the shareholders and it has nothing to do with the present sale of property.

The buyer has to go by the previous title deed standing in the names of vendors and he cannot dictate his terms beyond that.

The pathway was created for the convenience of the shareholders alone on a mutually agreed oral condition entered among themselves.

There's no document to show that the pathway is separate item and not part of original share of property.

If the buyer is still insisting to thrust his own ideas in this sale, his intention indicates that he is trying to grab the pathway property at free of cost.

You can refuse to sell and look for a better purchaser.


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