Obstructing use of common passage / road

No body can obstruct you to use the road.  If any obstructs then you will have to file a suit for declaration and injunction of easementary rights.

Dear Rajeev Sir,

Thanks a ton for your kind suggestion and advice. It gives me relife. Sir one more question to you, Can i put the gate at my land only at wall adjecent to the common road.

Thanks.

Somnath Biswas

Rajeev sir is right

Yes u can put gate in compund wall on the connecting road side.

you should seek police help before waall is constructed.  Failing which you have to file civil suit as advised above.

There were 2 schedule adjacent lands (say A and B). My friend and I bought (north and south plots respectively) schedule A after its plotting done by the owner. There is a common passage which divides our plots (mentioned in the deed). That common passage went through schedule B also and connected to the main road. The entire road was sanctioned and approved by the Municipality at the time of Building Plan sanction of mine in the year 2008. Schedule B was also sold to various parties after plotting and creating that common passage (which is later connected to common passage of schedule A) by a person (Say Mr. X). Later it was found that Mr. X sold his uncle’s property to all the Plot buyers of Schedule B. Not only that Mr. X sold Easement right (of common passage between our plots) to another land owner whose land was adjacent to my friends plot in the year 2002.

Knowing that, plots of schedule B was not sold by the actual owner, a promoter forcefully vacating plots on it (as they have not registered their plots) and claiming that he (promoter) has purchased the plot from the actual owner (Uncle of Mr.X).

Now the promoter is threatening us that he will block the common passage on schedule B, so that we sell our plots to him at a lower price.

Electric supply line has already come on schedule B and some plot owners have got the connections also. We have applied for connection to our plots on Schedule A. Subsequently the electric supply came and installed pole on common passage (of B) twice, but the promoter had uprooted them both the time.

Is approval and sanctioning of the entire common passage by the municipality will be of any use? My friend is living there since form 2002.

Mr Imran Islam

please start you own query do not mix up with existing one, so that you can be advised based on your facts.

Sorry Sudhid Sir for this.

I have posted this in a new thread under Property/Partition with the same subject on 26-9-13. Kindly Advise.

Thanks.

Dear Sir,

There are three separate  Plots of Land with Residential Building one after another having no specific Site Plan drawing for any common passage for any Plot Holder in their respective Deed of  Title / Conveyance. Example A is the Owner of 1st Plot uses his passage from the last border i.e. South side of his 1st Plot only. B - the 2nd Plot Holder uses  first his own 2nd Plot from the South side and there after use 1st Plot of A for Common Passage. And again A - 3rd Plot Holder named as C first uses  his 3rd Plot of own Land from South Side  then 2nd Plot of B and there after 1st Plot of him self since last 40 years. The problem is that 20 years ago the 1st Plot Holder intentionally  has constructed a Common concrete with Steel Gate at the entrance of 1st Plot so that any outsider cann't enter into the 2nd or 3rd Plot easily without the consent of 1st Plot Holders( Actually to capture and occupy the Land of B with undue influence). Now the 2nd Plot Holder intends to sell out his Plot but the 1st Plot Holder neither agree to demolish the Main Concreted Steel Gate nor gives the scope to sell to outside Party. Now what is the remedy as per Indian Law. Pl. advice me accordingly.

Thanks ,

Chandan Kumar Saha

Mr. A and Mr.B have a common passage of 5 feet by 20 feet just as a passage to connect both the buildings. Now Mr. A sold the house to Mr.C and now he is misusing the place as dumpyard. Mr. B now wants to put a partition in the common passage. Can I?