Legal Question in Real Estate Law in India
imp
1) If an right of way has been given by 'A' to society and they have registered document but 'A' had not sold to the society,and same 'A' has sold the same plot to 'B' at the time of construction by 'B' society took objection as they say that they have been given Right of way by 'A' to ristrict the 'B' from development, society had filed suit claming the right of way and they got injuction on the plot.
Secondly 'B' sold the same to'C' and the right of way suit was dismissed the order say''suit dismissed for want of proceution in the lieu of withdrawal of the Suit .
So as of today can society claim the right of way?
2) Society claming right of way is already having an alternate access.ie DP road.
3) What action an 'C' can take to restrain the society by using right of way.
4) If there is any Supreme Court degree regarding the right of way please mention the judgment brief i.e. suit no, writ petition etc
2 Answers from Attorneys
Re: imp
Generally right of way is attached to the land and not the person and same is so stated in the deed pertaining to right of way. You need to check your document with A and find out. If it is your right of way attached to land of A, then sale or further sale of the land does not affect the right in any manner.
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