clarification about the easementary rights
B.V.V.N.D.Prasad
(Querist) 01 June 2011
This query is : Open
Originally the tiled house of 3 portions facing to west side is having lane of 1’-6” width at southern side. In the year 1933 one portion (Northern side) out of 3 has purchased by great grandmother of my wife.
Schedule of property in the above document is
i)House 12’-0” X 48’-0” = 64.66 Sqyds.,
ii) 1/3 share of common lane (Southern side) 1’-6” X 4’-0”= 2.65 Sqyds.,
Total = 67.31 Sqyds.,
and provided Easementary Rights providing 3’-0” width rear side (Eastern side ) of remaining portions (2) to reach the inmates in to common lane at southern side through this lane 3’-0” width providing rear side. Subsequently the remaining 2 portions sold to Smt. Yerramma in the year 1937. In the seal deed of 1937 the Easementary rights of earlier portion that was sold in 1933 clearly mentioned by the seller.
Subsequently in year 1993 due to disputes in family of great grandmother the house was placed in auction, In auction notification it is mentioned as area of building is 67.00 Sqyds with all Easementary Rights of the house that had.
My wife with having affection on great grandmother she purchased house in the auction in year 1993. The court receiver prepared document without mention clearly the previous schedule of the house. He mentioned the area of house as 67.00 Sqyds., with normal Easementary Rights, without mention 1/3 share of southern side lane and Easementary Rights over the lane of rear side of balance 2 houses.
We have provided Municipal tap line after purchasing in 1993 to our house and it passes through southern side common lane and 3’-0” wide rear side lane and also a small drain is passing through 3’-0” lane provided for easement and it passes through southern side common lane, we are being used the same drain to dispose of sullage water of inmates of our house.
Now recently the grand daughter who acquired the property of balance 2 houses through gift from Smt.Yerramma. Where in the gift deed Easementary Rights over 3’-0” wide passage not furnished by the donor wantonly got the injection order by showing the sale deed of our house which was registered by the court receiver and showing the gift deed, without showing the documents 1937 and 1933 and they have constructed a 3’-0” width wall across the 3’-0” passage and concrete plug was put in the small drain.
Now the dispute is in the Hon’ble Court
Let me know whether the old documents can be useful to prove our Rights even those document prepared by the receiver not specifically mentioned the Easementary Rights over rear 3’-0” wide passage.
