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Common Passage issue what to do
24-Apr-2023 (In Property Law)
Meri Grandpa ek jamin karida tha kariban 40-50 sal pahle..uske bad us jamin me makan banaya..jamin mutation v hua..magar jamin jo log becha tha unlogo ne wo jamin me aane jane k lie koi alag rasta nehi dia..I mean ek common passage h sirf bataya hi gya tha..hum log itne baras se wo passage use v kar rahe the..Electrical Line v us raste se hi lia gya h..magar ab grandpa nehi rahe..aur avi front ka jo malik h wo bol raha h k tum logo ka aane jane ka jamin nehi h..1.5' ya 2' chor raha hu chalne k lie jana h to jao..warna wo v block kar dunga..aur ab wo log us raste ka esa hi hal banaya h k ab to aana jana v impossible ho chuka h.. aur jab iske wabajud me ne pucha meri grandpa se tab iske ware me bat q clearly nehi kia..to ahat hi bura tarike se mujhe insult kia..even mujhe pitne ka koshish v ki gya..... now what can I do..please suggest rules of using common passage
For correct comprehension of the issue the issue required to be narrated in English.However, as I could gather the issue is related to thoroughfare.
Being a very Old property issue , documents such as plot map, parcha , Land deed including approved building plan etc required to be examined from legal perspective.Contact Lawrato for further advice.
Being a very Old property issue , documents such as plot map, parcha , Land deed including approved building plan etc required to be examined from legal perspective.Contact Lawrato for further advice.
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Adv. Goutam Majumder
Kolkata | 200+ Answers
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What is the right of common passage?
Your right of passage includes any passage that is in or connected to your property. Common Passage is any passage that is shared by you and anyone else whose property is connected to the passage.
What is the right to use passage?
The sale deed grants the Appellants right to use passage. The Appellants are not claiming easement of need. The right is granted to Defendant Number 2. The right is not lost in accordance with Section 41 of Indian Easements Act 1882. 16-Jul-2019
What is the right of passage in property law?
After 20 years of continuous use, the law grants easement rights (rights of use such as walking on someone elses land). A person was forced to fight for 22 years to obtain his rights after the 20 year period. 02-May-2016
Dear client,
When your grandfather purchased the property then he should have cheked the right of user in respect to the said common passage ,if your erstwhile owner has valid right to sale your grandfather the said common passage and if your otherside do not have exclusive right in respect to the said common passage in their documents then they cannot obstruct your usage right ,in that case you should file petition under section 144 of Crpc and also civil injunction restraining them obstructing your peacefull easement right in the said common passage.
When your grandfather purchased the property then he should have cheked the right of user in respect to the said common passage ,if your erstwhile owner has valid right to sale your grandfather the said common passage and if your otherside do not have exclusive right in respect to the said common passage in their documents then they cannot obstruct your usage right ,in that case you should file petition under section 144 of Crpc and also civil injunction restraining them obstructing your peacefull easement right in the said common passage.
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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FILE A F.I.R IMMEDIATELY AGAINST THE OPPOSITE SIDE OR ATLEAST GET A GENERAL DIARY DONE AGAINST THEM. FILE A TITLE SUIT IMMEDIATELY IN LOWER COURT/ DISTRICT COURT GET A TEMPORARY INJUNCTION.AS NATURAL JUSTICE IS YOU WILL NEED A PASSAGE AND THEY WILL PROVIDE IT. ALSO FILE A 144 PETITION IN POLICE COURT OF YOUR AREA. DO ALL THE ABOVE AS SOON AS POSSIBLE OR GET READY TO SELL YOUR LAND TO THE OPPOSITE PARTY AT VERY CHEAP RATE. THAT IS WHAT HE WANTS AS WITHOUT PASSAGE NO ONE WILL BUY IT AT MARKET VALUE.
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Adv. Rahul Uday Singh
Kolkata | 200+ Answers
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Only when it is absolutely necessary can you claim the easement. The easement is required when the property can't be used without it. You can ask the court to grant you Easementary Rights.
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Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
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