Section 370: Servitude not to be adversely affected by transfer of immovable property

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1) A servitude in a servient immovable property shall continue to exist even if the owner of such an immovable property transfers all or any of such property to another person in any manner.

2) Even if the servient immovable property is partitioned, each coparcener shall be deemed to have provided such a servitude.

3) Notwithstanding anything contained in sub-section (1) or (2), if in transferring or partitioning the servient immovable property, there is a provision of servitude elsewhere in such property and servitude is not thus required to be provided in the immovable property in which a person acquires right by way of such transfer or partition, the servitude shall be deemed to have been extinguished to that extent.

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Section 370: Servitude not to be adversely affected by transfer of immovable property

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