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.
