A, B, C, D purchased a rectangular land from Mr. X of 2000 sq. Ft each, with a common private passage on one side measuring to a total of 2000 sq ft, providing access to all. Mr. X had purchased as 4 separate plots with common passage from Mr. Y, who owned it as one undivided land of 10000 sq.ft. Now the current owners A,B,C,D are in concurrence to go for development of an apartment and wants to utilise the entire land parcel including the common passage of 10000 sq.ft for the same. I am Mr. D in this and would like to understand if there will be any challenge in future if we build an apartment including the common passage area. What necessary disclosures to be made in the prospective sale deed that will be signed.
Enter into joint development agreement for development of the 4 plots of land including the common passage
consult a local architect for preparation of plan for development of said plots
3) get plans sanctioned by muncipal corporation
4) in sale deed recitals should mention all the details as to how title of plots has devolved on A, B, C D
Just to be clear, in the title deed of Mr. X, the recitals mentions that Mr. Y and Mr X are intending to transfer 10000 Sq.Yards but the Schedule defined the extent of land transferred to be 8000 sq.ft (i.e. 2000*4). There is no mention of transfer of common passage, except for the same being mentioned as a boundary. On this basis X has been enjoying the entire land of 10000 sq.ft. Subsequently, Mr.X transferred the title of individual lands of 2000 sq.ft each to A, B, C, D, with one side of the boundary being mentioned as a common private passage.
in sale deed all these details should be mentioned
Dear client,
Before proceeding with the development of an apartment on the land, it is important to ensure that the land is legally subdivided in a manner that permits its development as an apartment. You should consult with a local property lawyer who can advise you on the specific legal requirements for subdivision and development in your area.
With regard to the common passage, it is important to determine whether this passage is owned by all four owners as tenants in common or as joint tenants. If the passage is owned as tenants in common, then each owner has a share in the passage and it may be possible to develop it along with the rest of the land. However, if the passage is owned as joint tenants, then the passage cannot be developed without the consent of all joint tenants.
In terms of disclosures in the sale deed, it is important to disclose the existence of the common passage and any restrictions on its use or development. It is also important to disclose any other restrictions on the use or development of the land, such as zoning regulations, building codes, or other legal requirements. A local property lawyer can advise you on the specific disclosures that are required in your area.
Recital in sale deed states the extent of property as 10000 sq. feet but schedule of property describes as 8000 sq. feet with one side boundary as common private passage. There is ambiguity in the sale deed as in case of contradiction between recital and schedule, it is the schedule that prevails. You need to first get the schedule rectified showing all 10000 as sold property out of which 2000 is common passage and then obtain sanction for construction of building.
IS this passage showing in municipal record or created for convenience. Since all are in agreement than can use the passage for development.
Otherwise too, the development plan will sanction by Municipal corporation. So no issue.
Each individual owns 2000 sq.ft and the remaining 2000 sq. ft is left for common passage, which means all the four owners are entitled to common passage.
Since this 2000 sq. ft is apportioned as common passage all the four owners have equal rights in the common passage.
Since it is a common passage it can be utilised for common passage alone, and may not be permitted to combine with the development of the apartment.
A JDA can be entered with the developer, however the usage of common passage (if given as gift to government at the time laying out the Plot) will be for the purpose it was created.
You can obtain the copy of the lay out approval got from local civic authorities to ascertain the status of the common passage. .
If you four of the people bought the land to the extent of 8,000 sq. ft alone in total, you cannot claim the balance of 2,000/- sq. ft to annex it with your combined property.
You are bound by the recitals of the sale deed alone and not beyond that.
If you take rights from alll the above who are heirs and owners of whole 10000 passage then there will be no challenge
