Legal Format & Draft
Grant of Easement Right to Light and Air: Draft & Format
Reference draft used in Indian courts — replace the blanks with your own case details.
THIS DEED is made at .............this.............day of.............20.............between A son
of.............resident of....................hereinafter called the "Grantor", (which expression shall unless it be
repugnant to the context or meaning thereof include his heirs, assigns and executors) of the ONE PART
and B son of.....................resident of.............hereinafter called the "Grantee",(which expression shall
unless it be repugnant to the context or meaning thereof include his heirs, assigns and executors) of the
OTHER PART.
WHEREAS (1)The grantor is seized and possessed of all that piece of land, more particularly described in First
Schedule hereunder written and delineated and shown on the Plan annexed hereto and marked as
Annexure I and thereon surrounded by a red line.
(2)The grantee is seized and possessed of all that piece of land situated abutting on the .............side
thereof upon the said land of the grantor, more particularly described in Second Schedule hereunder
written and delineated and shown on the said Plan and is thereon surrounded with a green line
(3)The grantee's building has several windows and opening facing the property of the grantor and the
grantee is receiving free and clear air and light uninterrupted through the said windows and openings and
he has acquired a right of easement of air and light by prescription.
(4)The grantee proposes to demolish the said building constructed on his land and to construct a
multistoreyed building, with windows and openings facing the property of the grantor as per the building
plan, which is annexed to this agreement and marked as Annexure II
(5)The grantee has negotiated with the grantor for allowing him to grant to him the right to receive air and
light from the windows and openings and the grantor has agreed to grant the said right to receive air and
light subject to the terms and conditions hereinafter mentioned
NOW THIS DEED WITNESSETH AS FOLLOWS (1)In pursuance of the said agreement and in consideration of the sum of Rs ..........paid by the grantee
to the grantor (the receipt whereof the grantor hereby acknowledges), the grantor hereby grants unto the
grantee full right to the uninterrupted access of light and air through and from the said windows, lights
and apertures of the said proposed building of the grantee over the said land of the grantor for the use
and enjoyment of the said proposed building of the grantee without any obstruction or interruption caused
by or consequent upon the erection, raising, making or suffering to stand or any building structure or
thing whatsoever upon the said land of the grantor or any part thereof, TO HOLD the said right of light
and air hereby granted unto the grantee and his assigns and successors-in-title
(2) The grantee shall pay the costs and charges of the solicitors of the grantor and incidental to the
preparation and execution of this deed and also the fee of M/s............. the surveyors of the grantor
amounting to Rs
IN WITNESS WHEREOF, the parties aforementioned have set their hands in token of acceptance
thereof, the day and year first hereinabove written.
The First Schedule above referred to
(Description of the Property of A)
The Second Schedule above referred to
(Description of the property of B)
ANNEXUREI PLAN ANNEXUREII PLAN OF THE PROPOSED BUILDING WITNESSES 1 .Signed and delivered by the within named A
2. Signed and delivered by the within named B
of.............resident of....................hereinafter called the "Grantor", (which expression shall unless it be
repugnant to the context or meaning thereof include his heirs, assigns and executors) of the ONE PART
and B son of.....................resident of.............hereinafter called the "Grantee",(which expression shall
unless it be repugnant to the context or meaning thereof include his heirs, assigns and executors) of the
OTHER PART.
WHEREAS (1)The grantor is seized and possessed of all that piece of land, more particularly described in First
Schedule hereunder written and delineated and shown on the Plan annexed hereto and marked as
Annexure I and thereon surrounded by a red line.
(2)The grantee is seized and possessed of all that piece of land situated abutting on the .............side
thereof upon the said land of the grantor, more particularly described in Second Schedule hereunder
written and delineated and shown on the said Plan and is thereon surrounded with a green line
(3)The grantee's building has several windows and opening facing the property of the grantor and the
grantee is receiving free and clear air and light uninterrupted through the said windows and openings and
he has acquired a right of easement of air and light by prescription.
(4)The grantee proposes to demolish the said building constructed on his land and to construct a
multistoreyed building, with windows and openings facing the property of the grantor as per the building
plan, which is annexed to this agreement and marked as Annexure II
(5)The grantee has negotiated with the grantor for allowing him to grant to him the right to receive air and
light from the windows and openings and the grantor has agreed to grant the said right to receive air and
light subject to the terms and conditions hereinafter mentioned
NOW THIS DEED WITNESSETH AS FOLLOWS (1)In pursuance of the said agreement and in consideration of the sum of Rs ..........paid by the grantee
to the grantor (the receipt whereof the grantor hereby acknowledges), the grantor hereby grants unto the
grantee full right to the uninterrupted access of light and air through and from the said windows, lights
and apertures of the said proposed building of the grantee over the said land of the grantor for the use
and enjoyment of the said proposed building of the grantee without any obstruction or interruption caused
by or consequent upon the erection, raising, making or suffering to stand or any building structure or
thing whatsoever upon the said land of the grantor or any part thereof, TO HOLD the said right of light
and air hereby granted unto the grantee and his assigns and successors-in-title
(2) The grantee shall pay the costs and charges of the solicitors of the grantor and incidental to the
preparation and execution of this deed and also the fee of M/s............. the surveyors of the grantor
amounting to Rs
IN WITNESS WHEREOF, the parties aforementioned have set their hands in token of acceptance
thereof, the day and year first hereinabove written.
The First Schedule above referred to
(Description of the Property of A)
The Second Schedule above referred to
(Description of the property of B)
ANNEXUREI PLAN ANNEXUREII PLAN OF THE PROPOSED BUILDING WITNESSES 1 .Signed and delivered by the within named A
2. Signed and delivered by the within named B
Using this format
This is a reference draft reproduced for study and adaptation. Court rules, court fees and the correct forum vary with the facts and the value of the claim, so have the document checked and filed by an advocate. A defective application can be returned or dismissed even when the case itself is good.
Our Property & Registration team drafts and files these documents before the Calcutta High Court, city civil courts, magistrate, family and consumer courts in Kolkata. We draft, stamp and register property documents in Kolkata.
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Disclaimer: this page is a sample format reproduced for reference and study. It is not legal advice and does not create an advocate–client relationship.