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Construct a house in a litigation place

(Querist) 28 April 2015 This query is : Resolved 
Dear Sir,
I wish to clarify a doubt regarding the following

1.Mr. A had passed away on 14.06.1998 & have 2 Sons namely B. C (one dead -B) & 3 Daughters(married & dead).Now the son of B has planned to a house in the property bought by Mr.A. Actually each share of the property has not been divided & everything enjoy by the B's Son.Now is it possible to raise any objection by the other 4 person while construct the house?

Further the B had availed the bank loan on the same property in 1998 & Pay the tax after his father's death and his son can establish the same.

Further what is the way to get the relief from others objection?

Is there any provision under the law, to get the stay order to do not disturb the B's son while construct the house by other legal heir of Mr.A?
P. Venu (Expert) 29 April 2015
The property vests with all the legal heirs. B's has no claim or right for exclusive possession. Payment of tax by him does not confer any advantage to him.
Rajendra K Goyal (Expert) 29 April 2015
The property belong to all the legal heirs of A. If B does not agree for partition, any legal heir can file case for partition and stay on any construction / sale by B on this property.
JEGADEESAN (Querist) 30 April 2015
Thanks for your reply
T. Kalaiselvan, Advocate (Expert) 03 May 2015
You have stated that B has availed loan on the property in the year 1998, how and on whose name was the loan sanctioned, if it was on the name of B, whether the property was transferred on B's name by his father at that time? The vital questions are to be answered hence consult a local lawyer with all relevant documents for proper opinion.
JEGADEESAN (Querist) 03 May 2015
Dear Mr.Kalaiselvan,
Actually all the taxes has been paid Mr.B & the property using by B .Based on that he has got the loan .
Biswanath Roy (Expert) 05 May 2015
Mere possession over the property and payment of tax of an immovable property does not create any absolute title/
Ms.Usha Kapoor (Expert) 10 July 2018
I Agree with Kalaiselvan.


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