Common passage

Soumen Jana (Querist) 04 July 2020 This query is : Resolved
Mr X sell the property To Mr A & Mr B. Mr X mentioned 8ft common passage to Mr A(2015), 13ft common passage to Mr B(2010) mentioned sell deed. But The common passage is still the seller name. But now the seller Mr X disagree and block the road and not permit to taking electric and water line and concrete road through this common passage. In that case seller want again asked money to sell the common passage to the buyer Mr A &Mr B. Seller have some land in same Dag No...guide me in that case what can I do?

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A seller is blocking a common passage previously mentioned in sale deeds to buyers, demanding more money for access and utilities. Despite the passage being documented, the seller now disputes its existence and width. Legal advice suggests this is likely illegal, especially if mentioned in the sale deed. Buyers may have easement rights and can pursue legal action, such as a civil suit for mandatory injunction, to secure access and the right to construct a concrete road with utilities.

Rajendra K Goyal (Expert) 05 July 2020
It is not legal to block Passage / Road, specifically when the fact was mentioned in the sale deed by the same seller.
Discuss with local lawyer and file case for appropriate relief.

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Dr J C Vashista (Expert) 05 July 2020
Passage can not be part of the property under sale, which has to be specified separately as bondry in the Sale Deed.
File a suit for grant of easement rights..

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P. Venu (Expert) 05 July 2020
The rights over the passage has been secured through the recitals in the sale deed. You may file a civil suit and seek mandatory injunction.

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kavksatyanarayana (Expert) 05 July 2020
The seller mentioned in the Sale deed that common passage. But he did not sell the passage. However, consult a local lawyer with copy of documents.

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Soumen Jana (Querist) 06 July 2020
Seller not sell the common passage to the buyer, can he again sell the common passage to the buyer?

K Rajasekharan (Expert) 06 July 2020
The principle that Kerala High Court evolved, based on the definition of road given in various statutes, is that once a private road becomes part of a public road network and people have the right to access on to that road, it becomes a public road in practice, even if the piece of land forming the the road is being held by a private person.

Rajendra K Goyal (Expert) 06 July 2020
Agree with the advice from expert K.rajasekharan.

K Rajasekharan (Expert) 06 July 2020
In another case when a private temple committee holding the ownership of an approach road leading to a temple for Hindu worshippers, objected the reconstruction of road by the local government, the high court of Kerala upheld the right of the local body to carry out maintenance of the private approach road considering it as a deemed public road.

Rajendra K Goyal (Expert) 06 July 2020
The Road / passage was used by the purchaser of the houses and not by the owner of the passage. They can claim easement right.
An easement is a limited right to use another person's land for a stated purpose. Examples of easements include the use of private roads and paths.

Dr J C Vashista (Expert) 08 July 2020
Common passage is "public" road for all purposes and vendor (seller) has no right to sell it.

Soumen Jana (Querist) 09 July 2020
Now seller offer me he gave 8ft comman passage instead of 13ft and asked declaration for that. is it legal?

Rajendra K Goyal (Expert) 09 July 2020
Whether the offer is to be accepted or not, all depend on purchasers. Offer from other side can be due to the reason other side in not on strong ground legally.

However, if the proposal suits you, amicable settlement is always better than long and costly litigation. Decide after discussion with your lawyer.

Dr J C Vashista (Expert) 09 July 2020
Why do you accept 8' passage in lieu of 13' ? It is a public road to be used by generations, don't succumb to pressure.

Soumen Jana (Querist) 09 July 2020
Seller told that its wrongly written he dont know that 13 ft road given by himself, now new drama start thats why he told that he ia agree to give 8ft.

Rajendra K Goyal (Expert) 10 July 2020
If seller intervene in peaceful use of mentioned passage, take help of court through your lawyer.

P. Venu (Expert) 10 July 2020
What, exactly, is the width of the pathway mentioned in the deed? Does the recitals specify that it could be used for plying of vehicles as well.

Soumen Jana (Querist) 10 July 2020
seller mentioned 1 buyer 13 ft wide and 1 buyer 8ft wide. But now seller said he is not agree to give 13 ft he is agree to give 8ft.

P. Venu (Expert) 10 July 2020
You have not answered the second part.

Soumen Jana (Querist) 10 July 2020
There mentioned common passage/road, seller and his next generation no one obstruct it.

P. Venu (Expert) 10 July 2020
It appears that the author is posting facts piece-meal without disclosing the real issue in dispute. To my understanding, the real issue is in using the pathway for plying of vehicles. If so, all that could be suggested that easement rights over a pathway does not include the right to ply a vehicle, esp. a four-wheeler.

Soumen Jana (Querist) 10 July 2020
there is nothing specified that plying four wheeler, concrete road electricity water line nothing mentioned only mentioned common passage

P. Venu (Expert) 11 July 2020
Is the real issue is in plying of four-wheeler vehicle?

Soumen Jana (Querist) 11 July 2020
Real issue is seller not allow to take electricity and water line through this common passage, and now the passage is muddy seller is not allow to make concret road, and he want extra money for selling the common passage

Rajendra K Goyal (Expert) 11 July 2020
Take help of court for construction of concrete passage.

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