cpc

right of way


myself and a person purchased two plots  an year before from the same seller. my plot is adjacent to main road and only six guntha and that person has purchased 19 gunthe plot which has no main road access but from a small road which is going in right angle direction to main road  . He is demanding 5 feet way from my plot to main road . I am ready but since my plot is like S shape on one spot his way occupy half of my plot , i have requested him to give me two guntha land from his plot so as to enable me to construct house and i am ready to give him 5 feet way as demanded by him  but he refuse . both plots are agricultural plot . it is necessary for me to give him way legally . the plots are situated in maharashtra sae . i will be greatful if expert guide me in the matter  

Ramchandra Dusane

 
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legal advisor

since he has got a seperate acesss to his property he cant demand right of way through your plot

 
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acess of way can also be given to him as demanded only in case if he pays for your area or in exchange for what you have asked

 
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No,legally he has no right to claim acess of way particularly when he has separate acess to approach his property.
 
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No,legally he has no right to claim acess of way particularly when he has separate acess to approach his property.
 
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Advocate/Attorney

You said that you both purchased plots.  The nomenclature plot itself shows that a layout was there.  When there was layout, obviously there will be access to the road.  Even Gram Panchayat layout will have sufficient approach to the road.  This may be additional facility he is expecting. Hence, what you have raised the demand is quite reasonable.  Once you both agreed to the above said understanding you have to enter into an Memorandum of Understanding (MOU) on Rs. 100/- NJ Stamp paper, so that he or his legal heirs will not object for the understanding in future and there should not be any disputes in this regard. As this is only an understanding and no rights are being transferred, no registration in the sub registrar office is necessary for the MOU.

 
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