Right to use common passage of neighbour


I purchased dtcp site recently. In the same side already two houses are there mine is third and last one.  And three said houses are having 6 feet common passage to road. In connection with our common passage there is 12 ft common passage owned by 2 houses and one apartment ( having 14 plots). Is there any law allow to take right to use of both common passage by all.( only for common use not for any illegal)

 
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Lawyer

Post the facts in simple language, it is vague and confusing.

It is better to consult a local prudent lawyer for professional guidance.

 
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Advocate

 what is your issues?  we could not giving suggestion for vogue questions. Common passage means it is for common usage

 
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Yes you can use it as common passage, But you have to file suit for declaring it as common passage, if any one obstruct for using it as common passage. we can arrange advocate if you want.

V E MANOJ KUMAR

HIGH COURT ADVOCATE

CELL NO :- EIGHT SIX EIGHT SIX ONE FIVE NINE TWO NINE TWO

 
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Left side three houses and right side two houses & one apartment. In centre having 18 ft common passage. But as per document only 6 ft common passage is available for houses in left side. Is there any law to make complete 18 ft common passage is common for all the houses. Because apartment in right side are trying to build compound wall in centre of the common passage.

 
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Advocate

Easement Rights cannot be taken away. The rights are enshrined under section 28 of the Indian Easements Act, 1882. In case the rights are violated, you may move a declaratory suit and even move a 144 application.

 
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Originally posted by : Pradipta Nath

Easement Rights cannot be taken away. The rights are enshrined under section 28 of the Indian Easements Act, 1882. In case the rights are violated, you may move a declaratory suit and even move a 144 application.

 

can i filed suit individually in this case because others are hesitate to proceed.

 
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Advocate

Yes you can. Be the leader, if you are correct and true naturally all will follow you!

 
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