Kapil Choudhary 01 July 2015

Need advise on a property matter

Property owned by my father (who is no more) is come under a dispute as below.

Its a property which is devided into the three owners of which the road to walk is commen. We used to stay in the end. The one who sttays in the front, i am not aware of his registration documents. but the one who stayes in the middle, in his registration documents, as per the map, there is a road mentioned in his map. Would this mean that someone stays inside and the commen road goes from his property.?

The problem I am facing is that the guy who stays in the middle has blocked my tenants by constructing a wall in between the road thereby blocking the entire road.
Whats the legal recourse I have in this matter?

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5 Replies

saravanan s (legal advisor) 02 July 2015

if its a common road then everyone has equal share.if you dont have any other acess to your plot other than the common road then you all also have right of way which creates an easement by necessity.you can file a complaint in the police for obstructing your right of way and also you can obtain an injunction against him from building anything in the common road

ADV-JEEVAN PATIL, MUMBAI ( DEEMED/CONVEYANCE OF BUILDING) 02 July 2015

If road is provided in map extending wall is illegal. Approach BMC for its demolition

Biswanath Roy (Advocate) 03 July 2015

Enquire in the Municipality and see the site plan to understand the actual position of the alleged common passage.

T. Kalaiselvan, Advocate (Advocate) 05 July 2015

The common passage cannot be blocked by one owner facilitating his selfish and greedy desires and designs. If there was a common passage all these years, one cannot block the same at his fancies and whims. You may file a mandatory injunction suit to restrain the said blocker from indulging in such undesirable activities and also for easement rights.

Sandeep Yeolekar (partner) 05 July 2015

Hello Sir,

Please help me that, an establishment having an licence of Mumbai Shops & establishment Act 1948 since 1949.the Licence was in custody of the shopkeepar,there was an four partners of that firm & having a business of Gold.But there was an civil dispute of property between them.for the same one of the partner was illegal write & alteration on that shop act licence without any permission of that departmet & produce the document/licence in court for evidance, then if the shop act authority file a forgery case against that partner that he also misguide the court. let us know,urgently.