• Conditional sale of land as pathway

I sold (sale deed) a small piece of my land to one  X with the condition that I retain my full right to use the same as a pathway and also that X should also use it Only as a pathway. Without consulting me he is trying to gift it to Municipality, thereby making it a public road. Is the gift deed valid in law, even without my concurrence? What are my options to prevent it ?
Asked 2 years ago in Property Law from Trichy, Tamil Nadu
Religion: Hindu
1) even if gift deed is executed by X he cannot restrain you from using land as pathway 

2) it is necessary to peruse sale deed  executed by you 

3) once sale deed is executed X would be absolute owner of the land and he can execute gift deed in favour f muncipal corporation if he so desires 
Ajay Sethi
Advocate, Mumbai
45421 Answers
2668 Consultations

5.0 on 5.0

The sale deed has to be perused threadbare to ascertain whether there is a deviation therefrom or not. Ordinarily, when the sale is made it transfers the title absolutely to the buyer, but certain conditions may be imposed. Get the sale deed vetted by a lawyer to know if the conditions imposed in the sale deed give rise to a cause of action in your favour to file a suit for injunction in your favour to restrain the buyer from executing the gift deed.
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

To explain to you the legal terms of your conditional sale as pathway , a brief introduction is required to be provided in to some thing called Easement and Easementry Rights. 

The word Easement stands for the right to use another’s property. It is a right, which the owner of a particular land enjoys over an adjacent property, which he does not possess. It is the right over a property belonging to someone else and not to the person claiming easement.
The landowner who gets the benefit from the property which is not his own and over which he has a right is called dominant heritage or dominant tenement and the owner of such a land is called the dominant owner. Dominant because the owner has control over the use of that particular land which he does not possess.

Here the property of the actual landowner who cannot object to the other using his land is called servient heritage or servient tenement and the owner of such a land is called servient owner. Servient or subordinate because he has to abide by the requirements and convenience of the dominant owner. In fact, whether he likes it or not, it is a burden brought to bear on him by grant, by custom or by prescription.

X owns a piece of land. Y has the right of way over it. Here X is the servient owner and has the servient heritage. Y is the dominant owner and he has the dominant heritage.

X cannot sell the property to any person without consent of Y. In your case, X has to sell only with your(Y) Consent. 
So file a suit restraining X and the municipality from effecting a Gift deed as your rights are getting trampled. The courts shall give you interim orders in your favour and also issue notices to other side. 
No worries. 
Hope this helps. 
Rajgopalan Sripathi
Advocate, Hyderabad
1307 Answers
158 Consultations

5.0 on 5.0

The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts.
The extent to which a person transferring real or personal property may limit its subsequent disposition by the transferee has for centuries been a problem troubling the courts. Restrictions upon the grantee’s right to transfer the property, at any time, to whomsoever he may choose, and in whatever manner he may select, are called “restraints on alienation“.
Since it is a principle of economics that wealth should be in free circulation to get the greatest benefit from it, these Sections provide that ordinarily there should be no restraints on alienation.
Right to exclude others is “one of the most essential sticks in the bundle of rights that are commonly characterised as property.”

Despite the condition of easement rights,i.e., retaining the pathway rights, and making a clear mention about it in the registered sale deed, the act of the buyer to transfer this pathway to the local civic body is an illegal act and shall deprive your rights besides contradicting the conditions of sale. 
You may consult a lawyer and file a suit for declaring the said transfer by gift deed as invalid and also for permanent injunction against further alienation.
T Kalaiselvan
Advocate, Vellore
35584 Answers
385 Consultations

5.0 on 5.0

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