About common passage of ancestral property

chandrabhanu (Querist) 10 March 2024 This query is : Resolved
In the paratition deed (1925) of the Ancestral property , There is a narrow common passage & Common Letrine mentioned for 4 families (A, B, C, D) to enter the property. Now other families B&C sold their property to D in seperately Sale Deed not mentioning the Common passage in sale deed Schedule. Now D Sold all Properties including his share and wchich he bought from B&C to E (Ultimate Buyer) with a seperate sale deeds of B, C & D. In Any sale deed Common Passage is not mentioned in schedule of sale deeds except the in sale deed of B. My question is if the First owner is not transferred the rights of common passage, (1) how second owner can transfer the rights of common passage? Is that valid? (2) If A has retained the property without selling does this common passage belongs to him? (3) Even otherwise the common passage is not mentioned in the sale deed, do we need to leave the common passage as it is for them? (4) In the common passage, Can we leave the ground Floor as it is & elevate from 1st Floor during construction of House due to small portion. My Humbe request to experts to Kindly clarify Please... Please...

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Quick Summary

This discussion explores the legalities surrounding a common passage established in a 1925 partition deed for four families. The core questions revolve around whether passage rights can be transferred if not explicitly mentioned in subsequent sale deeds, especially after properties were sold to different buyers. It also touches upon ownership retention by one original family and the implications for construction over the passage, with advice suggesting that such passages typically remain accessible regardless of property ownership changes.

T. Kalaiselvan, Advocate (Expert) 11 March 2024
Once it is found that there is a common passage, then that will remain as it is even if the property has changed many hands.
The common passage is open to sky hence cover at top would be considered as encroachment or land grabbing offence.

P. Venu (Expert) 13 March 2024
The query suggests deeper issues, please post complete facts.

How were A, B, C & D related? Were they siblings?

When were the sale deeds executed? Who executed them?

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