Division of a common site left fr common path by parties

Querist : Anonymous (Querist) 19 May 2023 This query is : Resolved
Sir...We Two brothers two individual plot divisions from a Seller each 300 sq yrds from a total of 1350 sq yrds site. For the path we left nearly 150 sq yrs 17×88 sq yrds. We didnt pay any registration charges fr d path . Later the seller offered the remaing bit also fr us and we both again bought 300 each..Now the bit 1350 is completely ours, but on paper we hav only 1200 sq yrds. Now any how we both are the only owners, we want to reshuffle the sites according as vastu and there is no need to leave the path also as there is no 3rd owner and we can divide simply to east facing and west facing..Or we both want to giv it fr development..Please guide us how best can we do it to regularise the path site to us and reshuffling of the sites in Register office ...Can we yse the 150 sq yrds too fr building construction?? If so how can we get building plan approval on the path site...Please gyide us Sir?? Do we need the seller to come and sign any papers?? Pl clarify

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Two brothers have jointly purchased 1350 sq yards of land in two phases, but their registered documents only account for 1200 sq yards, with 150 sq yards initially set aside as a common path. Now that they are the sole owners, they wish to regularise this path, potentially merge it with their plots for Vastu compliance, or explore development options. They are seeking guidance on how to officially include the path in their ownership, get building plan approval for it, and whether the original seller needs to be involved in any new registration process.

kavksatyanarayana (Expert) 20 May 2023
In the sale deed the path is also mentioned or not? You both brothers decide whether it is better to develop by builder or your own. If the path is not mentioned in the sale deeds then the seller shall come to registrar office for registration the said path.

Dr J C Vashista (Expert) 21 May 2023
Facts posted are not clear.
It is better to show relevant documents to a local prudent lawyer for proper analyses and professional advise.

T. Kalaiselvan, Advocate (Expert) 21 May 2023
You have not mentioned that how could you get this additional 150 sq. yards of land and on whose name is this additional land is lying now.
It would be illegal to annex the additional or extra land lying on a third party's name.
If the property is on the vendor's name, you can ask him to execute the sale deed to sell this property on the name of both you and your neighbor by showing it as a common path to which only you both are entitled.
Once you have clear title to the property then you can amalgamate both the properties to give it for development by entering into a development agreement with the developer on the mutually agreed terms and conditions.

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