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Arun (Engineer)     03 April 2012

Caveat over using water from well

My father and his two brothers divided land between themselves. Everyone has built house in their respective portion of land. There is a common well which is used by all three houses using their own motor pumps. According to Records, Brother who has common well in his land has agreed that other two people can take water from well either by using a pulley or all three houses should have a common water pump. Now we are pumping water with individual motor pump for eah house i.e there are three pumps in well.

  He had sent us a notice to remove our motor pumps and we should take water only by using pulleys. We have sent a Caveat Back. Now he has sent us a caveat against we filing a injunction on this matter.

 I dont want to go to court as I stay away from my hometown and there is no one to handle this. My uncle who has sent this notice to remove pump is doing this just because of personal vendetta against us.

What are  my optinons here?


 3 Replies


Talk ur uncle, approch mediation center. U hav a right to use the water as an ease-ment right.

Regarding pumping of water with individiual motors is disputed. Your uncle raised good objection.  But, once allowed  he can't remove without  notice.  Mediation is good.

Arun (Engineer)     06 April 2012

Thanks for replying

I dont understand concept of mediation center properly. But purrpose  behind my uncle's objection is to give us some trouble. So this objection is purely personal and I dont think any mediation will work.

   As I told, I dont want to file a case in court because I dont have bandwiddth to take care of that as I stay away from my hometown. Do I have any other options? I am planning to send a caveat every three months.

JANAK RAJ VATSA (ADVOCATE)     30 April 2012

since u don't want to go to court remaining away from home, perforce the issue has to be resolved with participation of all the three vested parties. under the circumstances, it may be discussed to have only one pump for lifting the water from the well but have a overground water sump where this water can be stored and all the three can draw out their individual requirements from this sump by using their small motors. understandably , this proposition should find favour with all parties . also there would not be any cause of friction also in future.

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