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sidharth (na)     20 March 2015

Claiming water connection without case decision

In an ancestral property, major portion was in my father's name and rest in his mother's name. In addition, my father has got 40 cent from his father's brother through a sale deed. This whole property was without any partition or separation.

 
There are 2 houses on the plot, his mother stays in the old house and new built by my father given for rent to electricity department. There was no water connection for old house and water was taken from a well in the property. After several years, my father built an attached bathroom and overhead tank for the old house and was pumping water from the well. Pipes were laid for both houses and water was provided from the same tank.
 
Over the years, ancestral property reduced in area. Recently we found out that the 40 cents which was acquired by sale deed is completely missing. Further investigation found that my grandmother is holding this land and paying taxes on it. Other than this she has only 10 cents in her name. Last month she registered 50 cents to her daughter's son. So we had to file a suit against her and her grandson to recover the 40 cents.
 
With a legal suit on this property, can they make changes in the property. She and her grandson is threatening the electricity department that they would cut the water supply to the building. In effect she has only 10 cents in her name other than the illegal encroachment. There is no decision yet on how the property will be separated, in this situation can they claim the well belongs to them and can they cut water supply to the new building. 


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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     21 March 2015

since the entire property was in joint possession and enjoyment, a partition suit should have been filed to partition the properties and taking separate possession of properties that belonged to your father.  now since they are attempting to disconnect the electricity and water connection, you may file a suit for  injunction restraining them from doing so till the disposal of the partition suit, take the help of your lawyer and proceed further.


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