Legal Question in Real Estate Law in India
Sir,
Old ancestral house modified in to small three houses among A B C brothers as per the will of mother with common wall bewtween A B & C in 1998. One brother in law D purchased 22 feet vacant site in 1976 adjacent to C & constructed his house with window & ventillator's facing the house wall of C which has 3 ft passage and 22 feet ends upto the wall of C. C has got small ventilators 1 ft lenght & 7inch breadth at the top of wall of each 3 small room facing D 's passage & is the only ventilation for air & light. Now D brother-in-law is selling his house & property to pvt Bankers & now both the Banker & brother in law are insisting to close the small ventillators of C wall adjacent to 3 ft passage which D has right as per record as his site 22 ft ends upto to the wall of C.
Since, C has got only small ventillators not windows as means to GOD given air & light,whether C can have the legal easement right for light & ventillation & stop Banker & brother in law from closing the ventillators as per law ?.If so, please guide by what means C can stop them.
SOLICITING URGENT REPLY SINCE,REGISTRATION IS ON 5TH APRIL 2010 AS THEY are telling,they can register and sell & C cannot stop their transaction by any means.
Thanking you,
yours faithfully
C represents S K. MOHAN CONTACT NO: MOBILE:9449858437
1 Answer from Attorneys
You may consider filing a civil suit in the local courts for appropriate relief.