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rathankar (scientist)     04 October 2013

Sharing common wall, staircase and borewell

Hi all

My husband passed away in may and my father in law has two houses [one residing currently and other for rent]. He is survived by his wife [aged 80yrs] and daughter [40yrs]. Recently we thought of writing one of these houses [currently residing one] in my daughter's name [aged 2 yrs] by having a settlement deed and the other in their daugther's name. 

Though the land area for both the houses are same, the house in which i am residing has a staircase, and a borewell, while the other house has the septic tank of our house. The houses are separated by a common wall and the compound wall is common for both the houses. 

My husband's sister now argues that the staircase and borewell should be common for both the houses. They have a plan to sell their house shortly, but i can sell it only after 16yrs when my daughter becomes major. How is it possible for them to include this borewell and staircase during selling their property. pls advice.





 3 Replies

binay (advocate)     04 October 2013

yes it can be used as common, consult an advocate

rathankar (scientist)     05 October 2013

Dear sir


Thanks for your reply!, but will it not be a problem if I sell the house after 16 yrs, since the property will come with a tag and land rate may decrease at that time. so how shud we proceed

bhagwat patil (Property due diligence 9422773303)     05 October 2013

You can add septic tank as an easement right in leu with bore well and staircase.

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