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K.P.Nataraj (Trader)     20 May 2023

Easement right of a property reg.

Respected Sirs,

                                A property has been divided into two parts namely A  and B by way of  Gift deed by one mother.

A and B are Sisters.  ( A is the younger Sister and B is the Elder sister).Property A is given to Younger Sister and Property B is given to

the Elder Sister.  Both are Residetial Properties.

 

                             In the Gift Deed, it is clearly mentioned that Sister A should give way for passage to Sister B (three feet).   For B the 

passage is the only way to go out and come into her Property..

 

                              Few years back, the Elder sister B sold her house to one C.   All the three sides to Property B are housing properties.

 

                             Now the Younger Sister A wants to sell her property to one D.   An agreement to sell between A and D was made.  Now 

while fencing the property to be sold, the party C objects to fence the full property and C wants them to leave the 3 feet passage so that he can

use and enjoy his property  B.

 

                          A is having Patta in her name for the full property i.e. 35 x 24 feet.

 

                         Now D says that he will pay only for 35 x 21 feet saying that he will not pay for the passage of 3 feet as mentioned in the 

Gift deed. But A wants full payment for the property i.e. for 35 x 24 feet.

 

                            Now I need the following clarifications:

                    1) Whether A is entitiled to get full amount for 35 x24 feet or for 35 x 21 feet.

                     2)  Is Easement right raises for C to enjoy his property B.

                      3) whether fencing can be made for the whole property i.e. for 35 x 24 feet or can be made only for 35 x 21 feet

 

Yours faihfully,

K.P.NATARAJ.

 

                              



Learning

 2 Replies

Dr J C Vashista (Advocate)     21 May 2023

Show relevant documents to a local prudent lawyer for proper analyses and professional advise, if it is a true story.

So many A & B make the facts hypothetical.

1 Like

K.P.Nataraj (Trader)     21 May 2023

Respected Dr. J C Vashista Sir,

 

              Thanks for your reply.   I understand that it is difficult to analyse the problem .  That is why i prepared a Sketch of the Property with details

But I was unable to attach the files .  I donot know why. . I can send the sketch to you if you send me your personal email address.

 

Thank you sir.


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