claim on piece of land that had no deed registered in favour of claimant but onl oral permission of
Vasu Moottu Kuzhiyil
(Querist) 28 August 2014
This query is : Resolved
A small piece of land measuring half cent has been orally permitted by the grand father of the present owner the land( hereafter 1st person) several years back ,for utilising it as urinal for students of nearby LP school that belonged to another person, ( hereafter 2nd person) . The school situates few meters away from the said urinal. Recently, a road has come up ( utilising as road by public) in between the School and land belonged to 1st person. Hence ,students have to cross the road to reach the Urinal which is situated deep inside the land of 1st person)
The land inherited to 1st person from the grand father who was permitting the urinal ( without any structures) is now partitioned. The urinal spot is now situated in the inherited land belonged to the 1st person as per partition deed.
After the partition, the ancestral house where 1st person staying is now dismantled . The 1st person has started construction of a house very close to the urinal spot and his house cannot be completed without stopping the students from utilising the area as Urinal. The paucity of his land does not permit 1st person to earmark any alternate area in his plot for urinal.
As per the educational policy of Kerala Govt adopted very recently, the schools without urinals would not be allowed to continue their function , as such, the Manager of the school ( 2nd person) propose to construct a a permanent urinal in the present make shift urinal unilaterally, but 1st person is not allowing the 2nd person either to continue urination of students/constructing a permanent urinal by the School management. in the present place or any other spot in his land .
As the dispute affects a lot of students studying in the School,We, the citizens belonged to the area are exploring different proposals to settle the dispute amicably. Even the area belonged to the School was obtained the present owner from by oral lease/ oral assignment and it is known as "Vakkar Charth " in Malayalam that practice is abolished now( Registration of Transfer of ownership of land that belonged by Verbal orders)
We want to know:
(1) whether the 2nd person have any legal right for continued utilisation of the area belonged to the 1st person for the simple reason that the said place has been utilising for urinating since long
(11) Whether any Criminal case can be filed against 1st person when he prevents students from entering his plot by constructing a boundary wall around his place belonged to him leaving no entrance route to the students to come to the place where they have been urinating since long?
ajay sethi
(Expert) 28 August 2014
there is no written agreement executed between school and grandfather of the present owner to use part of land as urinal . school has no right to construct permanent urinal on said land without written consent of the present owner .
no criminal case can be filed against owners of plot for using the land as public urinal
adv. rajeev ( rajoo )
(Expert) 28 August 2014
Management of the school cannot construct the urinals without the written consent of the owner of the property/land
Raj Kumar Makkad
(Expert) 28 August 2014
Unauthorized use of the property is an illegal act. Oral permission should be converted into a written agreement/permission.
