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Regarding agriculture land problem

(Querist) 22 September 2011 This query is : Resolved 
Hello Sri,

We have agri land in our native , its our grandfather property., while divide it in front of our land has been gone for one person in that property document one line is mention as " Thadai Nadai pathai , Madu kandurkalai kaiyal pidithukondu sellalam" What we say its Varapu in tamil. Now Another person fight with as we have 6 lence in that . alreday we have make good path for 1 and half Adi to walk. Kindly advise me what we do. T
Guest (Expert) 22 September 2011
It is a easement right to go the property (vayal) for purpose of agricultural animals. In which no one claim other than mentioned in the deed. If he gives trouble send legal notice and file a suit for permanent injunction/
prabhakar singh (Expert) 23 September 2011
An easement right may be granted by the owner
to non owner for certain facilities to be enjoyed restricted to terms agreed.
R.Ramachandran (Expert) 23 September 2011
As advised by Mr. Ganesan, 1 and 1/2 foot footway should be good enough, especially in between the agricultural fields, for the purpose of easementary rights for walking or for the purposes of taking the cows etc. If any other person is giving trouble, you have to first report the matter to the local police, if the situation does not improve then you can send legal notice and then file a suit for permanent injunction as advised by Mr. Ganesan.
Guest (Expert) 24 September 2011
I would like to agree with the versions of both the experts, provided there is no barbed wire or thorny fencing or pucca boundaries of the fiels. In case the boundaries have so been fenced, in my views the space of 1 & 1/2 feet path may not be sufficient and cause much inconvenience for the animals like cows/buffalows. More particularly, the girth of buffalows extend even beyond 2 feet.
Sailesh Kumar Shah (Expert) 24 September 2011
I do agree with common opinion of all experts.
Raj (Querist) 26 September 2011
Hi Sir,
Thanks for all your advise., I want to know only in our opposite person's deed card they mention " Thadai Nadai pathai , Madu kandurkalai kaiyal pidithukondu sellalam", But in our grandfather's first deed in 1967 only they mention "Pothu Thadam" . Which one we have to take , and advise me how much space we have to give if they mention as "Pothu Thadam"

Raj
O. Mahalakshmi (Expert) 28 September 2011
I agree with all


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