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Use of common passage by third party through transfer
28-Sep-2023 (In Civil Law)
One of our inherited property divided among 4 people with a common court yard to be used by all four. Among them two persons sold their part to a third-party. Now the third party claiming his right to court yard also. Can any one sell or transfer his court yard usage right to third party. It was created for relatives.
As per your information inherited property is divided among 4 brothers through court and in this property on is place is common for all for passage. Every body have right in this common place.
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Adv. Arindam Bhaumik
Kolkata | 25+ Answers
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Dear Client,
First of all the transfer of hindu family dwelling house to an outsider is itself not good in law and its better to check your title deed or partition deed that whether it had any right of pre-emption or not if it had premptory right then you can seek the cancellation of the deed of the outsider. And as far as your question is concerned if the seller had right in the courtyard without any hindrance then the purchaser has every right to use the same. its better to consult a lawyer with documents for any solution.
First of all the transfer of hindu family dwelling house to an outsider is itself not good in law and its better to check your title deed or partition deed that whether it had any right of pre-emption or not if it had premptory right then you can seek the cancellation of the deed of the outsider. And as far as your question is concerned if the seller had right in the courtyard without any hindrance then the purchaser has every right to use the same. its better to consult a lawyer with documents for any solution.
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45+
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Adv. Vikram Ojha
Kolkata | 200+ Answers
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Look, if there is no deed of Partition or the Court's Order. Any other type of partition in between the co-sharer be treated as amicable family settlement have not establish any right for sold any portion, which was jointly use by the co-sharer. Therefore, you can have right to stop it by institution of Suit.
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Adv. Sanjoy Acharjee
Jalpaiguri | 400+ Answers
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