we are 5owners having partition deeds by our father. 4 brothers are sharing a common way (lane houses) and the 1st brother is having entrance, facing the street view. now the 1st brother wants to construct his portion and wants to keep an entrance on the common way also. does the law allow this to have a two entrances for one single portion? that is 1st brother claims the common way entrance also. please advice.
Asked on 2/22/10, 12:10 am
2 Answers from Attorneys
RAJIV GUPTA
(Cell: +91 9811284735) lawnrajiv@gmail.com
common way cannot be owned by any of the co sharers as everyone has a right to use it. under indian easements act, the common way can be used by all the owners. no one can claim the ownership of common way.
Answered on 2/22/10, 1:27 am
Sudershan Goel
India Law Offices of Sudershan Goel - Advocate
You may not have a good case for litigation. Better reach an amicable settlement.
Answered on 2/22/10, 7:05 am
