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krishna mohan (Drafting of Commercial Contract Dispute prevention Dispute handling Contract Management etc. )     15 February 2011

Encroachment of private path

Myself and the seller of the land jointly share a common private path of 7'x110. The seller of the land had sold 2'x80' out of the same to a party (whose length of area is 80') with a view to help them to get approval, ofcourse thro a registered sale deed. Also creating lot of nuisance if I start establishing the right. Kindly advise what is the best way to cancel the sale deed already registered for selling the private path of 2' and also for the criminal breach of trust and other relevant provisions of criminal act. Also advise me for such a civil suit what is the limitation period. krish



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 3 Replies

Jayaprakash Narayan (Partner in the Law Firm)     15 February 2011

It does not attract criminal case, instead seek an injunction from civil court restraining the other party from misusing the common area. Your remedy is available under Easementry Act. However you need not seek cancellation of sale deed, you can get a court order declaring to maintain the dispute part area as it is n even you will not be having rights to use it for yourself excpet for common usage.

 

Regards,

Jayaprakash Narayan (Partner in the Law Firm)     15 February 2011

It does not attract criminal case, instead seek an injunction from civil court restraining the other party from misusing the common area. Your remedy is available under Easementry Act. However you need not seek cancellation of sale deed, you can get a court order declaring to maintain the dispute part area as it is n even you will not be having rights to use it for yourself excpet for common usage.

 

Regards,

krishna mohan (Drafting of Commercial Contract Dispute prevention Dispute handling Contract Management etc. )     22 February 2011

Thanks for your advise. I have following clarifications:

a. Since sale of private path to other party is it not criminal breach of trust and attracts criminal action.

b. How the court injunction to maintain status quo helps in establishing my right over the path

c. Since the sale deed registered is not as per law when it is a registered as a private common path, conveying right unilaterally by the seller is not amounting to forgery and on this ground why not seek relief under relevant provisions of specific relief act in getting the instrument cancelled

Hope you can now give appropriate advise.


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