In a Family partition deed, the entire plot of land excluding common passage were divided equally among 2 families wherein parties A, B & C are one family (1 father and 2 sons) and parties D & E are another family (1 father and son). There is a common passage (private) to be shared by all parties A, B, C, D & E wherein the value of common passage is mentioned seperately under respective schedules of all the above parties along with their respective share of plots. Value of Common passage specifically mentioned in partition deed for A is Rs.5000, B is Rs.5000, C is Rs.5000, D is Rs.7500 & E is Rs.7500, Totally valued at Rs.30000. Subsequently, Parties A & D (both the fathers of each family) having adjacent plots next to each other had ventured into a joint development with a builder to construct apartments having seperate main entrances on the other side of the road and had blocked their access to common passage with a compound wall which has been in existence for more than 30 years. Now the remaining parties B, C & E (being the sons of each family) are the only users to the common passage for more than 30 years. The following questions now arises. 1. Can the remaining parties B, C & E along with their respective share of plots venture into a Joint development agreement with a builder to utilise the common passage area of more than a ground as part of construction of apartments? 2. If yes, what will be their respective share of value in common passage? and what happens to the value of share in common passage held by parties A & D which has been already redeveloped into apartments? 3. What happens when Party C doesn't give his consent for redevelopment? Can the other parties buyout his proportionate share in common passage thereby relinquishing his rights and proceed with redevelopment among the remaining parties? Note: Party C also has their own entrance other than common passage. 4. Kindly please help with the methods to arrive at the proportionate share value for the above question to execute buyout from Party C. Overall intention for the remaining users of the common passage is to maximize the area of common passage into the redevelopment process to achieve more built-up area. Is there any legal setbacks and hindrances to be aware of? I will be much obliged if I can get all your expert opinions on the above matter at hand. Thanks in advance.
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common passage area is for access to all plot owners . you cannot utilize common passage area for development
2) take all parties into confidence before developing common passage area
3) you need C consent for redevelopment
4) if C objects offer to buy out his share
5) get valuation of C share by govt approved valuer
Yes when there is Redevlopment the entire premises including common areas are Redevloped
Dear Client,
Addressing your legal situation,
In the process of executing these plans, it is crucial to be aware of potential legal setbacks, such as, ensuring that all co-owners are consulted with and that such consent is obtained when necessary, and that all redevelopment plans are in line with local laws and building regulations. You must also prepare for the eventual raising of conflict due to one party feeling aggrieved by decisions taken without their consent.
Hope this answers your query.
1. Since the redevelopment process is for the entire area owned by all the three owners which include the one ground common passage also, on the basis of mutually agreed conditions a registered redevelopment agreement would be the option.
2. The terms of the mutual agreement among all the three owners will be the guidelines in this regard.
3. If one of the owners don't consent for joint redevelopment, then his share of property will be excluded. However if C consents to relinquish his rights over the common passage in return of payment of consideration, it has to be reduced to writing and executed by a registered deed to avoid future legal hassle.
4. No concrete suggestions can be rendered when the issue is based on mutually agreed conditions alone because it cannot be done by legal source.
Firstly, I would like to thank you all for your valuable insights on the above discussion at hand. Based on the answers addressed above, the following follow-up questions now arises. 1. What would be the proportionate revalued share amount in the common passage for the remaining Parties B, C & E after relinquishment / waiver of share in common passage by Parties A and D who have redeveloped their plots ? How would the common passage value of Party A - Rs.5000 and Party D - Rs.7500 be distributed / restructured to the remaining Parties B, C & E after such waiver of rights by Parties A & D. 2. Only on knowing the above proportionate revalued share amount can the buyout share of Party C who is in non-consent for redevelopment be valued at. If so, what will be Party C's proportionate buyout share? 3. What will be the re-altered share amount in common passage for Parties B & E after effecting such buyout of Party C in the common passage? 4. Lastly, how to formally relinquish/ waive the rights of Parties A and D in common passage given that they have ventured into JDA with a builder and have settled their share of apartments to their respective legal heirs. Please note: Both Parties A and D has passed away. I once again welcome all your expert opinions and much obliged for spending your valuable time. Thank you.
Value of share of parties was mentioned in partition deed .since then value must have increased
get valuation done by govt approved valuer of the share amount
1. If you all are going for joint development agreement then all the issues are also solved in the JDA, however as far as the current valuation of each individual's share in the common passage may be obtained from the sub registrar's office ans you all can arrive at a mutually agreed condition for sharing the same accordingly.
2. It is a practical issue involving the sub registrar's office to know about valuation or government guidelines value.
3. The JDA with builder/developer will elicit the answer.
4. They can execute a joint release deed relinquishing their rights in the common passage.
It depends on the DA and the FSI for your plot
I much appreciate all your above given answers. I do have some pending queries at hand. 1. Assuming I'm Party E in the above given scenario holding Rs.7500 share value in common passage. I'm of the view that the rights and title once held by Party D valued at Rs.7500 post JDA with a builder will be transferred to me (Party E) since I'm the legal heir of Party D after his demise. So I currently hold 50% share (Rs.7500 + Rs.7500) in common passage. Is my contention valid? 2. Generally, can ownership rights and share value in common passage be transferred to legal heir? 3. Assuming I no longer hold/ sold off my plot which gains access via the common passage to a third party buyer. Do I still retain ownership rights and share value in the common passage? I humbly await all your expert opinions and much obliged for your valuable time. Thank you all.
1. The inheritance is different to that of your own rights, if D had relinquished his rights then there is no question of inheritance, hence you better ascertain the details before you take any steps in this regard.
2. It comes under the succession or inheritance law.
3. While selling your plot you are required to sell your rights in the common passage also unless the buyer cannot have access
Once you have sold your plot you do not have any ow warship rights on common passage
2) buyer would be entitled to common passage rights
3) you have 50 per cent share if you are legal heir of D