Common passage Common passage

1 month ago

Total house measurement (my house and my uncles house) is 24×30 My house measurement is 20×30 sq.ft which is facing roadside and behind our house my uncle house is located which is 20x30sq.ft. We have a common passage measuring 4x100.While construction he has closed the roof of common passage for first floor and we have not objected him for closing the roof of common passage and he has constructed his house 15 years ago. Now we are constructing our house but he is objecting us not to close the roof of common passage.

Anik

Responded 1 month ago

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A.Dear Client,

Property demarcation involves physically dividing a property into defined areas and boundaries, including roads, plots, commercial spaces, and public areas, through a topographical land survey. This process is typically initiated by the recorded owners of the property, who can apply for demarcation to the Tehsildar or Land Revenue Officer, or it can be ordered by a court of law. The demarcation is primarily a technical operation conducted jointly by surveyors from both parties, aiming to accurately mark the boundaries and record them to prevent future disputes.

It's important to note that no construction is permitted between common walls dividing the boundaries of different owners. If unauthorized construction occurs, legal consequences may follow. In such cases, lodging a complaint against the unauthorized construction with municipal authorities or the Tehsildar/land revenue authorities can prompt necessary actions against the individual responsible, such as your uncle.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 1 month ago

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A.Dear Client,
Property demarcation means physically dividing the property into metes and bounds (i.e. area and boundaries of each property will be made). Only the recorded owners of the property can apply for demarcation to the Tehshildar/Land Revenue Officer or it can be done on orders from a Court of law. As per the topographical land survey, layout marking and demarcation are done inclusive of roads, plots, commercial spaces and extra spaces for public use etc. The demarcation is almost purely a technical operation, carried out jointly by the surveyors, acting as boundary engineers, of both parties. The result is a record of great importance in avoiding future disputes. No construction is permissible or allowed between the common wall dividing the boundary and metes of land belonging to different owners. Your uncle may face legal consequences for unauthorized construction if you make a complaint against the unauthorized construction against your uncle to the concerned municipal authorities or Tehshildar/land revenue authorities. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 1 month ago

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A.Dear Sir,
You have to go to the Civil Court to get necessary orders to reject the objection raised by your uncle as it is common passage for both of you.
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