• Common path

I have an ancestral party divided with 2 other brothers. My portion is road facing and other brothers are using path in ground floor. We dont have a patta for the property. We want to apply for the patta. As per the will, common path to be allowed in the ground floor only.
Now, we are in the process of aquiring pattas separately, they are saying that common area will have common patta (with 3 of as owners) and that passes through our land which significantly reduces our area. It is completely understandable to provide common path for resident staying in the inside but we want to understand that whether we can have the construction above the common path (i.e having common passage in ground floor only)?
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

You cannot carrry on construction above the commmon passage

2) in common area all 3 would be co owners

3) you need consent of other co owners to carry on construction above common passage

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

This is my response to you:

1. The path does form part of the common area of the land;

2. So yes any path which connects your portion to the outside forms part of the common area;

3. Have a separate patta for your own share and the area which can be used for can be used as a part of easementary rights;

4. Since there is no other way to go from there;

5. If there continues to remain dispute then approach a civil court and file a suit for partition and declaration of easementary rights.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Dear Client,

Common path/passage from your land will according to your understanding or some portion have to left to access them to their portion. This is right of easement but in no case give them ownership. Ownership of common area will rest in you only.

And inducing common area in pattas will be sharing of ownership which is not advisable. And if there is any other passage away from your land than you are not bound to provide passage from your land.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

The common path in the ground floor indicates that the the path is common for all from ground to sky, hence their claim is correct.

However you may go through the will once again and confirm

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

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