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Right of easement to light is expressly treated as an immova

 

Such right of easement to light is expressly treated as an immovable property in Section 2(6) of the Indian Registration Act.

 

 It cannot likewise be doubted that a right of easement over another man's property is an interest in the property, but it cannot be said that the dominant owner has a right or title to the servient tenement. A right to easement does create an interest in the servient tenement, Such right of easement to light is expressly treated as an immovable property in Section 2(6) of the Indian Registration Act. What must follow is that an instrument which purports or operates to create. declare, assign, limit or extinguish, whether in present or in future, any right, title or interest, whether vested or contingent, of the value of one hundred rupees and upwards, to or in immovable property is a compulsorily registrable document under Section 17(1) (b). What has therefore to be seen is whether Exhibit B-3 extinguishes the right of easement which has accrued to G. Krishnamurthy.
12. The question whether a particular document purports or operates to extinguish any right, title or interest in property must be determined on a constructio


 1 Replies

R.K Nanda (Advocate)     02 February 2013

thanks for information.


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