Esamentry right of purchaser of house property from seller acquired the property in family transfer

vkshah (Querist) 20 May 2012 This query is : Resolved
Seller acquired the property in family settlement.
A big residential house and vaccant land was partitioned settled amoungst the nine brothers. The partition was by way of family settlement under the oral arrangment.
Three brothers got the 1/3 divided share in the house while the remaing 6 were allotted with the vaccant land.
Both house and land was situated on 18 feet wide family road, having an entire length of 270 feet. Each one thus got 30 feet on the road.
Before partition the house roof was partially pacca and the remaining was temparly tin sheded on the roof of ground floor structure. Rain water from the tin shed was flowing on the adjoing land. Under standing amoungst the co sharer was that each one use the land including the structure thereon, for their exclusive use, and none will have any right and title to the land and structure of other.
The seller was settled out station, hence after partition have sold his portion with structure thereon to the buyer. Now the buyer is claiming easmentry right over the flow of rain water, and denying to remove the tine shed. This way the adjucent plot owner is faceing diffculties in constructing the house on his portion of land, as around six inch of tine is hanging over the adjucent plot. Is the claim of buyer that he has an easmentary right to keep hanging the tin shed by six inche on other plot is law full. In my view all rights including easentry right till partition stand modified on partition, therefore, the claim of buyer is non tenable.
Can any one point out any precednet

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