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Well water rights Well water rights

3 years ago

My agricultural water well is in other person's property (as per the partition deed). Now the owner of the property has changed the electrical connection for the pump into his name (from my Grandfather's name who is no more) and claiming to be full owner of the well. Also, he is obstructing us from switching on the pump. 2 questions moving forward -

1. Whether change in electrical connection ownership by the electrical board is right. Can that be challenged in court.
2. As I am also the owner of the well that is in other persons property, how can I restore my rights to draw the water.

Thanks,
2

Anik

Responded 3 years ago

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A.Hi,
1. Yes, what he is doing is unlawful and can be challenged as per the terms of your partition deed.
2. You can file an injunction petition to prevent him from disposing of the property of your rights over the well.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
1. Yes, it can be challenged in Court. The partition deed gives you right of access to the well.
2, He is the owner of the property but you have rights to the well. You can file an injunction petition so the Court can pass an order preventing him from destroying the well.
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