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
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
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
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.
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.
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.
- 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.
I got all reply saying water well in my land so I am absolute owner but my worry is how to make Judge aware of this ? do we have any law or Section that I can take up or show to Judge ?
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
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
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.
- 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.
Show the mutation papers in court to Judge. In your case, Madhya Pradesh state Land law will be applicable.
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.
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.