Irrigarion of water from one survey to another survey
R.KANTHASAMY
(Querist) 30 December 2012
This query is : Resolved
A;B AND C ARE THE CO-OWNERS OF THE COMMON ANCESTRAL PROPERTY IN WHICH TWO WELLS ARE THERE. THEY HAVE PURCHASED ANOTHER LAND IN 1981 AND THEY HAVE IRRIGATED THE SURPLUS WATER TO THE PURCHASED PROPERTY FROM THE DATE OF PURCHASE. IN 1999 THEY HAVE PARTITIONED THE PURCHASED PROPERTY (WHICH IS PURCHASED IN 1981)AND IN 2002 Mr.A SOLD HIS SHARE OF PURCHASED PROPERTY AND HE SEEK STAY PETITION FOR NOT TO IRRIGATE "B" AND "C" TO THE PURCHASED PROPERTY
MY QUESTION IS "WHAT IS LAW POSITION FOR IRRIGATING WATER FROM COMMON PROPERTY TO THE SAID PURCHASED PROPERTY"
HERE "B" & "C" ONLY IRRIGATE THEIR SHARE OF SURPLUS WATER TO THE PURCHASED PROPERTY.
Raj Kumar Makkad
(Expert) 30 December 2012
As the well is situated in the ancestral joint land and its surplus water is being used by B & C in the subsequently purchased land with the mutual understanding with A as he was also using the same till he sold his share so legally A can withdraw his understanding at any time not to use the water of well for the exclusive shares of B & C as A is not using that surplus water for his exclusive purchased land.
R.KANTHASAMY
(Querist) 06 January 2013
thanks for yr reply,
but i have confused with this reply
my question is
Whether 'C' is irrigation his share of water from well which is situated in common ancestral property to his share of partitioned purchased land?
