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sridhar (ex sales manager)     18 December 2010

PARTITIONDEED

MY FATHER MADE A WILL ON HIS OWN PROPERTY WITH DIFFERENT SHARES FOR 6SONS AND ALSO TO MY MOTHER.ALL THE HEIRS SIGNED IN THE WILL AND ALSO MY MOTHER.THEN PROPERTY WAS REGISTERED AND NOT PROBATED.ALL OF US SIGNED IN THE REGISTERED PROPERTY.MOTHER ALSO PASSED AWAY.FATHER STATED IN THE WILL THAT ANYONE WHO WANTS TO SELL HIS PORTION HE SHOULD GIVE FIRST PREFERENCE TO HIS BROTHERS ON MARKET RATE AND ONTHEIR NOTWILLINGNESS THEY CAN SELL ELSEWHERE.NOW I AM INTERESTED TO SELL MY ALLOCATED AREA BUT OTHERS ARE RAISING OBJECTION STATING THAT DRAINAGELINE ANDWATERLINE IS PASSING THRO MY PORTION.FATHER HAS CLEARLY WRITTEN IN THE WILL THAT INCASE OF SELLING THE PORTION  OTHERS SHOULD APPLY INDIVIDUALLY FOR WATER CONNECTION BUT NOT INDICATED ON DRAINAGE MATTER .HOW TO PROCEED IN SELLING MY PORTION



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 2 Replies

Nitin Awachar (lawyer)     18 December 2010

Drainage is an easementory right. The right  which enjoyable with the property eg. right  to way, light, air etc.If your brothers have no other way for the drainage system their easementory right will not pass to the buyer. However better to convince this to buyer. 

adv. rajeev ( rajoo ) (practicing advocate)     18 December 2010

Others have got easementary rights you cannot stop them leaving drainge water.  IN case of Taps they have to apply for the seperate connection.


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