• Agriculture land water well ownership dispute

I have agriculture land in that I have water well, my neighbour started fight and forcefully started taking water from my well says that I have share in this well, from last 12 year I am using and did all maintenance, suddenly this guy says I am also having share in this well and I have right to use water,I have filled case against him in court but so far no luch, is there any law that can help me to prove this well belomg to me since I am owner of property
Asked 5 months ago in Property Law
Religion: Hindu

10 answers received in 1 day.

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16 Answers

Since well is located on your land your neighbour cannot forcibly take water from your well 

 

2) in suit filed by you seek interim orders restraining neighbour from taking water from your well 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

1. Check out the boundaries of the land you are owning by getting the land surveyed by Government authorised Surveyor.

2. Based on the Suryeyor's report, you can take legal action against your neighbour if he's trespassing into your land or not.  

Shashidhar S. Sastry
Advocate, Bangalore
5408 Answers
329 Consultations

Kindly check all mutation papers since 1956, you will come to know whose the well belongs. 

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Call the police and seek prohibition order from DM.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

Dear Client,

First thing's first, look into the title deed. A title deed will clearly demarcate the boundaries of your property and any other amenities that are included (like, in your case, a well). It is also advised to keep records of maintenance handy, as it helps establish ownership and responsibility over the years. The long and continuous usage and maintenance of a property act as indicators of ownership.

 

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

The registered document on your name and his name will be scrutinized by court besides other relevant documents pertaining to the property.

In the given situation since you have already filed a case in court you may have to follow the same for relief.

 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

- Since, that water well is in your property , it means that you have ownership right over all portion of the said property even if there is a well

- Further, none having right to use the said property or its any portion including the water well without the consent of you, and in case another person try to use the said well then it may considered as trespassing in another property. 

- Hence, out of the civil suit of injunction , you can also file a complaint against him.

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

The court and the judge know the law better than you or your lawyer.

There is no necessity for you to inform them about the law involved in it.

if at all the opposite person claims the water in your well to be shared by him also, then the burden to prove his claim/entitlement lies on him and not you.

You can always deny or refuse to allow him to use your water based on your own property documents  which may not contain any such water sharing agreement or condition. 

You apprise your advocate and have confidence in him while dealing with the case in the court 

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

Enclose copy of sale deed which proves you are absolute owner of the land 

 

2) enclose photos of your land which indicates position of well 

Ajay Sethi
Advocate, Mumbai
96918 Answers
7820 Consultations

Get your agricultural land surveyed by a Government authorised Surveyor and obtain Survey Report showing the water well within your land boundaries. To make aware of this fact, show the Survey Report to the Judge, in case the need arises. 

Shashidhar S. Sastry
Advocate, Bangalore
5408 Answers
329 Consultations

- You can produce the land ownership document before the court for proving that you are the owner of entire portion of the land and which includes that water well. 

Mohammed Shahzad
Advocate, Delhi
14505 Answers
221 Consultations

Show the mutation papers in court to Judge. In your case, Madhya Pradesh state Land law will be applicable.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

Dear Client,

To make the judge aware that you are the absolute owner of the well and have exclusive rights to its use, you should focus on the following steps and legal provisions:

1. Documentary Evidence: Whenever appearing in court, ensure that the court is provided with all important documents, such as the land title deed showing that the agricultural land belongs to you, records of previous maintenance, and perhaps any understandings or agreements as to the ownership of the said well.

2. Section 7 of the Indian Easements Act: you should focus on Section 7 of the Indian Easements Act. This section of the law deals with the right of the landowner to use and enjoy water sources that are found on land owned by the individual. This section can assist you in developing your rights exclusive from the well since is located on your land.

3. Possession and Maintenance Records: this would involve stressing on the periodic and unique usage and practice of the well for the last one and a half decades. Show other supporting documents like receipts for the expenses incurred for maintenance, testimonies of neighbouring occupants, and authorities, among others.

Anik Miu
Advocate, Bangalore
10164 Answers
119 Consultations

 


  • Land Ownership: In India, ownership of land generally extends to anything permanently attached to it, including wells. Since you own the property where the well is located, it's likely that you have the legal right to control its use.

  • Easement Rights: However, there are situations where your neighbor could claim an easement right to the well. This might happen if they have been using the well openly and continuously for a certain period (usually 20 years) without your objection.

  • Local Laws: State-specific laws and local customs might also play a role in determining water rights and usage.

  • Gather Evidence: Collect any documentation that supports your ownership of the well, such as land records, tax receipts, maintenance bills, or any agreements related to the well.

  • Witnesses: If possible, identify witnesses who can testify to your exclusive use and maintenance of the well over the past 12 years.

  • Mediation (Optional): Before escalating the legal battle, you could try mediation as a way to resolve the dispute amicably. A neutral third party can help facilitate a conversation and find a mutually agreeable solution

  • Injunction: You can seek a court injunction to restrain your neighbor from using the well until the matter is resolved.

  • Declaration: You can file a lawsuit for a declaration from the court confirming your exclusive right to the well.

  • Damages: If you have suffered financial losses due to your neighbor's actions, you may be able to claim compensation.

 

Romesh Pratap Singh
Advocate, Gwalior
23 Answers

Well, its your well if its on your property. There is nothing additional to be produced before the court to make the judge aware that you are the owner. You will have to submit the documents which shows that the title of the land is in our name and you are the rightful owner of the land and nobody can take water from your well without your consent or permission. At the initial stage interim injunction order can be passed by the court restraining your neighbor from trespassing on your land to take water from the well.   

Sayyed Parvez
Advocate, Navi Mumbai
24 Answers
4 Consultations

You can file police complaint as well as approach court him

Prashant Nayak
Advocate, Mumbai
32479 Answers
200 Consultations

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