Right of way

Querist : Anonymous (Querist) 23 February 2020 This query is : Resolved
I am one of a group of investors who bought agrofarm land from a leading promoters of agrofarms. The agrofarm project is defunct. We all want to sell our holdings collectively. The stretch of this land is land locked. The approach to this stretch of land is in the hands of the promoter company who is unable to sell this piece due to SEBI moratorium. The buyer is insisting on some legal guarantee to use the company held land as a passage to reach the stretch of land being made available for sale collectively from the original investors. How to get right of way to the buyer.

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Raj Kumar Makkad (Expert) 23 February 2020
Persuade the owner company to furnish some type of affidavit to that effect. Otherwise also this is not a legal query rather the issue is a commercial dealing between the present owners and subsequent/proposed buyer seeking guarantee of path in future from the third party. Better to negotiate in the matter.

SHIRISH PAWAR, 7738990900 (Expert) 24 February 2020
Dear querist,

Without right of way it will be difficult to sale the land. If you give false affidavit then you will be in trouble in future if you fail to provide the right of way. You can make presentation before the authority where it is in moratorium.

Regards,

Dr J C Vashista (Expert) 25 February 2020
Commercial query.
Such circumstances should have been visualised before investment, now it is too late.
It is advisable to consult and engage a local prudent lawyer for appreciation of facts/documents, professional guidance and necessary proceeding, which your group can afford

Raj Kumar Makkad (Expert) 25 February 2020
If company is ready to provide the path at later stage, let company pass a resolution to that effect in its Board of Directors and obtain its copy ao as to sell the property.

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