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Gayatri (Na)     08 January 2015

Wet land without way

My father and another person got few lands as a joint venture some 10 years back. The plan was to fill up the land and sell it immediately. The other person keeps delaying the selling saying the price is very low. My father passed away 5 years back and it is in my name now. He is still not willing to sell the land. Being a joint venture, alternate land belongs to each owner and the idea is none of us should sell out the share separately. Recently, I doubt the intention of our partner, think he is trying to get the land from me at a low price. When the land is not selling, he thinks I might dispose it and sell it to him at a vey low price. Probably back then he didnt have enough money to get the whole land by himself. There are a few plot that I have road access to and that are not wet land. But there is a wet land in between without any access. Once when I approached him to get pathway, he manipulated path way such that I loose the most land though there is another alternative where everyone have to give up equal share which he is not agreeing to. So pathway for the time being seems not an option. How can I protect this property?

I can build a low boundary wall. The problem is this property is a bit far from where I stay, so I wont be seeing the land always. If he alters the land or build a fence or fill up the land it will affect my property and I might not even know until everything is done. Is there anything in law that can provide protection to this land?

I m thinking something like an injuction order from building a boundary wall or filling up the land that affects my property. Or any other legal way? Filling up a wet land is illegal but if there is no farming for more than 10 years and it is in middle of the city can it be converted and get it filled up legally.



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 3 Replies

Dr J C Vashista (Advocate)     08 January 2015

1. Issue legal notice for pathway i.e., enforcement of easement rights, followed by a mandatory and  permanent suit thorugh a local lawyer.

Biswanath Roy (Advocate)     09 January 2015

Conversion of the character of urban land is possible if the Municipality agrees to it but normally wet land conversion is not permissible by law. Regarding apportionment and demarcation of the joint property you can propose your joint holder to enter into a mutual deed of partition and demarcation of your respective portion therein by creating site maps which will be signed by both of the owners as a token proof of its acceptance.

T. Kalaiselvan, Advocate (Advocate)     11 January 2015

If the partner is not coming forth for an amicable solution, you may issue notice to him to partition the property and hand over possession, subsequently, you may file a partition suit.


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