• Amalgamation of plots and common passage

I and 2 of my cousins own a rectangular piece of land. It is ancestorial and it has been trifurcated into 3 plots with khata. It is done in such a way that the first property faces the road, followed by the second and then the third. There is a common passage up to the third property. (Passage ends at third property)

Now, we want to merge the properties and sell to a single buyer. What will be the status of the common passage once this is done? 

The buyer is also buying the property adjacent to this joint property, which also is adjacent to the common passage. Will he be able to amalgamate all these plots together for a single construction?
Asked 5 months ago in Property Law
Religion: Hindu

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8 Answers

1.  When once you complete merging of the three plots with Khatha, the common passage becomes a part of the amalgamated property.

2.   The buyer who is buying the adjacent property to the common passage may amalgamate all these plots together for a single construction by getting approval from the jurisdictional statutory authority.

Shashidhar S. Sastry
Advocate, Bangalore
5408 Answers
329 Consultations

Your property is already trifurcated with proper demarcation. 

The common passage is jointly owned by all the three. 

Therefore you all don't have to strain to amalgamate the properties,  instead you all can sell your properties jointly by a single registered sale deed in favor of the prospective buyer. 

The then, after purchasing the adjacent property can apply for amalgamation of all the properties to develop his property as per his plans. 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

All 3cousins can execute registered sale deed for land owned by them 

 

2)once sale deed is executed buyer would own the 3 plots with common passage 

 

3) buyer can approach muncipal authorities for amalgamation of plots and get plans sanctioned for carrying on construction 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

- Since, the land is already trifurcated into three plots with khata in the respective names , hence you three 
having your legal right to sell the property independently or jointly.

- Hence, you the brothers can execute a Sale deed in favor of the purchaser

- Further, after purchasing the property , the purchaser can apply before the competent authority for amalgamation
of the three plots as one plot and for the construction over the same.

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

 

  1. Agreement to Merge:

    • Obtain a joint agreement from all co-owners to merge the properties and sell to the buyer. This agreement should be legally documented.

  2. Update Revenue Records:

    • Apply for mutation to update land records, merging the plots into a single entity. This involves updating the khata to show one combined property.


  3. Transfer and Sale:

    • Execute a single sale deed in favor of the buyer, incorporating all merged plots and the common passage.

  4. Compliance for Amalgamation:

    • Ensure the buyer verifies and complies with local zoning and building regulations for amalgamating the newly acquired property with the adjacent property.

       

    • Once the properties are merged the common passage will become part of the merged property and will no longer be a separate entity.

Gaurav Ahuja
Advocate, Faridabad
75 Answers

Dear Client,

Once the houses are merged and sold to an unmarried purchaser, the common  passage will generally emerge as part of the merged assets. This means it won't function in a separate access manner but can be incorporated into the general land parcel.

Given that the purchaser is also purchasing the adjoining belongings, that is, subsequent to the not unusual passage, they need to be capable of amalgamating these types of plots collectively for an unmarried creation. This amalgamation might create a larger, unified plot, potentially bearing in mind greater extensive production or development and difficulty with neighbourhood zoning legal guidelines and regulations. However, it's far more critical to make certain that every prison method for merging the homes and incorporating the common passage into the brand new plot is correctly documented, which includes any vital updates to the land information and approvals from relevant authorities.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

Amalgamation and Common Passage:

Once you merge the three plots into a single property, the common passage legally becomes part of that amalgamated property. It loses its separate identity as a "common passage."

Buyer's Amalgamation Options:

Yes, the buyer can potentially amalgamate all the plots together for a single construction, including the adjacent property they are buying and the formerly common passage. However, this would require:


  1. Approval from relevant authorities: They would need to obtain permission from the local municipal or planning authority for the amalgamation and construction. This usually involves submitting building plans and obtaining the necessary permits.

  2. Compliance with regulations: The construction must adhere to local building codes, zoning regulations, and any other applicable rules. This might include setbacks, height restrictions, etc.

  3. Technical feasibility: The amalgamation should be technically feasible, meaning there should be no legal or structural issues preventing it. For instance, there shouldn't be any easements or rights of way over the common passage that would prevent its incorporation into the new construction.

Important Considerations:


  • Clear documentation: Ensure that the sale agreement clearly defines the boundaries of the amalgamated property, including the former common passage. This will avoid any future disputes with the buyer of the adjacent property.

  • Title clarity: It's crucial to have a clear title for all the properties involved in the amalgamation. Any existing encumbrances, mortgages, or legal disputes should be resolved before proceeding.

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

Yes it’s possible to do the above

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

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