C and B are two brothers living as a joint family. They decided to have a partition. In the partition…
B receives personal permission to take water from C's well, which is a licence under Section 52 of the Indian Easements Act. An easement would attach to the beneficial…
Choose your answer
C and B are two brothers living as a joint family. They decided to have a partition. In the partition deed, the house with the well fell on C, and B was allowed to take water from the well out of brotherly love. The right to take water will be in the form of:
Answer and explanation
Correct answer B
B receives personal permission to take water from C's well, which is a licence under Section 52 of the Indian Easements Act. An easement would attach to the beneficial enjoyment of B's land, rather than being permission given personally out of affection. No permanent work with expenditure or other stated basis for irrevocability is present, so the licence is revocable under Section 60.
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Jammu & Kashmir Prosecuting Officer