Legal Question in Real Estate Law in India

My grandfather was the owner of land at Thane district of Maharashtra. He sold part of it to Mr.X. who was horticulturist and gave easement right to him for using water of well from our part to land to grow the vegetables in his part of land. Now my grandfather as well as Mr.X is no more. Recently I sold my ancestral property of that part of land including that well. But the buyer - who is a builder - has forced me to take future liability of easement right. Builder is constructing a building on that plot of land. And subsequently there will be a housing society will form. Till today heirs of Mr.X are using the water from that well. If builder or In future if the members of society will not allow to family of Mr.X. to take a water from the well. And if they claims for their rights what will be my liability?


Asked on 6/17/13, 1:15 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

17.06.2013

Dear Sir / Madam,

Since you have sold the land comprising the well, the easement rights cease and the legal heirs of X have no locus standi to draw water from the well. For all you know, the builder in all probables will block the well and use that space for construction of the building.

Regards,

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Answered on 6/17/13, 5:28 am


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