Dear Sir,
My father diveded a property amongst 3 brothers amongst sons. two of the sons registered and the third son is not registered and the property is still in fathers name.
The Dispute is the portion which was going to the third son is having a borewell and the water is supposed to be shared by three sons and this has been mentioned in the gift deed which was registered to two suns. also there was a bank loan on this property and was to be cleared by three sons. two sons cleared the loan and got registered and the third share was shared by two sons as the third son was not able to pay and father in turn has mortgaged the third portion amongs two sons who had paid the third share.
Now the third son wants to sell the property and he he giving trouble to the other sons by not giving the access to the bore well and not allowing to use the bore water.
Please anybody advise what legal action can be taken regarding this.
In gift Deed it is mentioned as "The Donor hereby conveys the right to the Donne to use the borewell water from the third portion .The other Donee or anybody shall not do any act ,deed,or thing which will harm and effect the easement rights of the Donee.The Donees acess to the borewell is without any hinderances.
Please advise.,Matter most urgent
Regards
M.Sambasivam
