• Property Litigation

We have purchased a property in the year 1975 in name of my Grandfather. At the time of purchase we have a shop just in front of the said property. Some portion of machinery was placed on the property of other person . The other person also purchased the some part of land by another sale deed separately.  As per mutual concern we have decided to remove the machinery from that part of land and do the boundry wall of plot separately, So that we have our separate plot of land and do not have any future litigation. But at the time of building of boundry wall the other party told that we can have same boundry wall of 10 inch instead of separate wall of 10 inch each. Now the boundy wall was built but all the windows have been taken by him only. When we opposed the work of building the boundry wall stopped but we have not created any passage from our shop to the said property and the portion of land of other person remains with us . Now the person claimed that the it was an exchange offer that we have exchanged the said property in terms of our purchased land. We are still in possession of that small land but we don't have any passage to our purchased land. Now we are  going to file an appeal in Ranchi High Court as our appeal in lower court has been dismissed. Our lawyer has filed partition appeal . We have consulted with other lawyers they told us that we had to file the title suit instead the partition suit. The property has been claimed by other person as exchanged property. The person don't have any evidence for the same. He is claiming the ownership as he has passage to the purchased property in exchange of small piece of land . We dont have nay passage to the purchased property.
Asked 8 years ago in Property Law
Religion: Hindu

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5 Answers

File suit that you are absolute owner of property and for eviction of encroacher

2) the defendant has no evidence that land was exchanged

3) no registered deed of exchange was executed

Ajay Sethi
Advocate, Mumbai
99807 Answers
8147 Consultations

Dear Sir,

You have to file a suit for declaration in respect of portion of property on which you have title deeds. The Court will also consider right of easement before deciding your case. Please find out a Senior Lawyer and get your dispute resolved.

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

Dear Client,

Partition suit is not valid in present situation. And when possession is with u, declaration/title suit is also not required. Suit for right to passage will be sufficient.

Rest cab be advised on perusal of documents.

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

Even now you can file a declaration of title suit ignoring the appeal before high court.

You can withdraw the appeal and file a fresh suit to declare your title to the property you claim to be in possession.

For passage you may have to see why and how you were deprived the rights and look for an alternative or file a suit for easement rights.

T Kalaiselvan
Advocate, Vellore
90010 Answers
2496 Consultations

Hi,

It would have been the title suit but the partition would also solve the purpose.

Ganesh Singh
Advocate, New Delhi
7169 Answers
16 Consultations

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