Easement document signed in astamp paper
shas
(Querist) 16 March 2013
This query is : Resolved
Sir,
I have a property and i have signed in a stamp paper of 100 rs regarding the easement given to other person, now he is saying that he has the right to go through our property to his, the stamp paper is not registered and the terms were written by a local person who does not have the right to prepare a document, is there any right for other person to walk through our land
Shas
Kerala
Shashikant V. Patil
(Expert) 16 March 2013
The easement deed should have properly drafted. What rights have been confirmed to the other party. If he has signed then and how he object now is not understood.
prabhakar singh
(Expert) 16 March 2013
If it is a deed in U.P. registration is required because here any agreement with relation to land requires registration.
It is not very much material who wrote the deed if the deed is found otherwise valid and lawful.
He has right or not to have pathway through your land depends on the term of your grants in the deed.Look into the same.
Even where is no such grant if there is no alternative way for him to go over his land,courts may grant him way by easement of necessity.
Raj Kumar Makkad
(Expert) 18 March 2013
I do agree with the advice of Mr. Singh.
shas
(Querist) 18 March 2013
but is a document valid if its not registered
shas
(Querist) 18 March 2013
is a easement document valid if its not registered
prabhakar singh
(Expert) 18 March 2013
For out side U.P. it may or may not be.
A document granting easement must be
registered under section 17 of Indian Registration Act may not be a sustainable plea UNLESS the dominant tenement is to be transferred and along with the dominant
tenement the right of easement is also
transferred, then only the document needs
registration .
