Since, this one Katha was never originally a passage, construction upon the same is possible. But since this was never sold by Mr. A, but was provided to B,c and d as a passage, it's Mr. A who holds the title over the said one Katha. Accordingly, you'll have to buy this from Mr a to raise construction over it.
Common passage of plot
Mr. A has 10 kottha plot. He sold it to three buyers Mr. B , C & D (3 kottah each) with common passage leading all three plot (1 kottha). Now i want to purchase all 3 plots from all Mr. B, C & D and want to construct on entire plot (10Kottha). Can i construct on total area of 10 kottha or only 9 kottha. and if 9 kottha, then how can i get remaining 1 kottha as well??
Asked 6 years ago in Property Law
Religion: Hindu
8 Answers
If the common passage is a part of the said plot then you can utilise the entire plot for construction .. But if it's a govt . Passage ( road, lane) tj
You have to buy 1 kottha plot from A and 3 plots from B,C & D after purchasing 1 kottha from A you can construct on total area of 10 kottha plots.
if it's a govt passage then you cannot construct in it..
You have to apply to municipal corporation for sanction of building plans to carry on construction on the entire plot
2) since al the 3 plots have been purchased by you corporation cam grant you permission to carry on construction on entire plot
If you are purchasing the the three plots as per their respective sale deeds you are entitled to the 1 kothah common passage as well along with the other properties.
Thereafter you can obtain approval for the building plan and proceed with the constructions
If a total of 10 Kottha is being sold you then you can use it in toto; but if as per registry on 3*3=9 Kotha is being transferred on your name then you can only use 9 Kotha, please see that in whose name that 1 Kotha of land is.
Regards
1. You have already devided your 10 kothas in to three parts being 3 kotahs each for which you had to leave 1 kotha for common passage.
2. There are now thre seperate titkle deeds for hree seperate properties.
3. You shall have to buy all the said three properties now along with their common spece and get those seperate land amulgamated by registering an amulgamation deed which will now include the said 1 kotha land also.
