Common pathway
Ravi Kumar
(Querist) 23 July 2012
This query is : Resolved
Sir,
I am possessing a property of 400 Sq Yards along with my brother. We have partitioned the property in 1998. In the partition we have mentioned 6feet width common pathway for both, on the south side instead of north side (due to the mistake of document writer). The road falls on west side.all other sides are surrounded by houses. I am staying in west side and my brother stays in east side. Both of us agreed to use north side path way as common. Now, I want to sell my property. My brother is in US and his wife stays in India. In order to avoid the conflict with the purchaser, I need to give him a clear common pathway.
At present, my brother is not willing to sign amendment document,(with cruel intentions)as the path way left on the south side is short of 1 foot. If I have to leave 1foot, I have to destruct my wall and pillars and has to reconstruct the pillars and wall by adjusting the measurements.
Since, we have mentioned 6feet width pathway through out the side, is it necessary for my brother to leave the same area in his site also? How should I get a clear common pathway?
Devajyoti Barman
(Expert) 23 July 2012
File a suit for declaration and injunction claiming the right of pathway out of long user and easement.
