Legal Question in Real Estate Law in India

Buying the road

Is it possible for the original owner of the land, which has been divided into plots and sold to several people, to sell the comon road inside to someone who is owning the adjoining property (who was not using this common road) just because he wants to use it now? This has happened in Kerala, India

Asked on 12/20/08, 7:26 am

3 Answers from Attorneys

Sudershan Goel Sudershan Goel - Advocate, International Visiting Scholar, USA [2008-10]

Re: Buying the road

The very sale of land by way of plots, without a colony licence, may be illegal.

However, the legality of proposed action may be determined after looking at the sale deeds executed earlier as also the title of the land and rules applicable for development/zoning of the area.

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Answered on 12/20/08, 8:03 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: Buying the road

As long status and user of road is not affected, ownership can be transferred.

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Answered on 12/22/08, 2:14 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Buying the road

If the status and usage of road is unaffected a transfer of ownership can be changed.

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Answered on 12/22/08, 3:03 am

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