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Easmentry right

(Querist) 20 May 2012 This query is : Resolved 
family property was partitioned amoungst the coparceners by mutual consent. the property consist of a big house and land adjucent to house. house was allotted to three brothers while the land was allotted to remaining six brothers. now the remaing six having now house in their share intend to construct their built up. One brother allotted with the house, had sold his portion to an strange, who now objecting the construction of house on land allotted to other brother on the ground that the originally allottee from who he had bought the house is using the adjucent land for flowing rain water over the house and the construction will affects the flow of rain water from the roof of house, as he has to change the slop of roof to other direction i.e. towards the common road.
Nadeem Qureshi (Expert) 20 May 2012
what do you want?where is your query?
adv. rajeev ( rajoo ) (Expert) 20 May 2012
~He can go for injunction suit against stranger. If he wants relief of easementary rights then he will have to file declaration and injunction
MohammedRaffiq Bijapur (Expert) 20 May 2012

As regards easement yes he can maintain suit for flow of roof water towards open land. Leave setback and construct, problem will be solved.
Shonee Kapoor (Expert) 20 May 2012
Get restraint/ Injunction.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
JANAK RAJ VATSA (Expert) 20 May 2012
if he needs relief in the form of easementary rights, then he has file for injunction


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