Who owns common passage/patta

This query is : Resolved 
 

(Querist)
20 June 2019

Hi,

My mother purchased a property and sold half the property(rear side) to person B, it was a settlement. In the settlement document to B it is mentioned that with the rear land according to measurement and together with a RIGHT OF WAY IN COMMON PASSAGE.

What is understand is A right of way is a type of easement that allows a person to pass through another's land.

Note: Patta is now in the name of the buyer from whom my mother purchased(for the complete area)

My question is when I apply patta(sub division) for the land I own(front side) should the patta also include common passage in my mothers name?

Please let me know if I am not clear


J K Agrawal (Expert)
20 June 2019

Patta is generally known as title document but some time it is not. It is only an entry in record of government books that to whom the government approach for that piece of land. The actual rights are determined not by name in patta but by the acutal deed and right you have. Patta is only a rough idea of ownership. Patta is always subject to challenge in court. It is not final document to determine right title or interest of patta holder.
Now come to your question, you are not only having easementory rights but also having an irrevocable license also. your right is encumbrance over other property so it does not matter that the front land is in whose name or how many times it is transferred. your rights are safe.



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