Right on path left in commonproperty
peri venkata ramana
(Querist) 05 January 2012
This query is : Resolved
ancestral house site was partioned by two brothers(1995). as Eastern wing and Westeren wing both having North highway.
eastern wing onits east has an exclusive commonpath of 9ft widthleft by ancestors during 1912 partionon. North frontage is 42ft , North to south depth is 168ft for each brother .Eastrn wing has to dispose the property in 1997 to tide over his commitments .but buyers want the entire frontage 42+42on North as frontage to buy .so east brother requested west brother for parting with north west bit inlieu , east brother willgive his south east bit to west brother . that is to say the 1995 partion has been redone as north bwing and south wing for marketability .West brother agrred with acondition , east has to leave anew another 4.5ft width corridor adding to existing 9ft path.he did so .
Now in 2012 , the North property insale ,original East brother purchased .
now he is blocking the 4.5 path claiming it originally belongs to him .West brother is objecting for it . What can be the just position?
Devajyoti Barman
(Expert) 05 January 2012
Filing a suit for declaration and injunction is the solution.
Rajeev Kumar
(Expert) 05 January 2012
Let us file a suit of decalartion and injunction
Deepak Nair
(Expert) 05 January 2012
Yes. Files a suit for injunction as advised.
Raj Kumar Makkad
(Expert) 06 January 2012
I also have similar opinion as expressed above.
