Damage to partition wall
Vije
(Querist) 29 September 2019
This query is : Resolved
My late grandfather(a) and his brother (b) living in same house later divided the house and registerd. After many years of registration son of (b) raised a partition wall in 1986. In his share of place at his cost. To make house divided for privacy. Now son of b wants to sell his part of house by demolishing with partition wall. By this portion of A and his sons left with no wall on one side. Can son of A's can claim compensation for damage to partition or for construction of new wall in place of A's portion
kavksatyanarayana
(Expert) 29 September 2019
Ji, what terms are mentioned in the partition deed. If it is a common wall as per document, then he can ask compensation.
Sri Vijayan.A
(Expert) 29 September 2019
From your question, I can understand that the brothers A & B lived without any wall in between them. So there wont be any mention about any wall in the partition deed.
After some time, the next generation had raised a wall by his own cost, own effort and his place. By any stretch, the wall is fully owned by him only.
He can very well sell it.
Others/ neighbours cannot challenge it.
If any superstructure is raised over the said wall, and removal of the said wall will hamper the existence of the super structure, then wall shall not be demolished.
Check the condition.
Property Law - 14 (https://chat.whatsapp.com/J6yurpzN05mCoOCSonXZKw)
To get advice, clarifications on Property matters
Join the Whatsapp group, using the link Property Law - 14 (https://chat.whatsapp.com/J6yurpzN05mCoOCSonXZKw)
SHIRISH PAWAR, 7738990900
(Expert) 30 September 2019
Dear Mr. vije,
If a or a's sons suffers any damage due to demolishing of compound wall by b in that case a can claim the damaged amount from b.
Regards,
R.K Nanda
(Expert) 01 October 2019
yes, A son can claim compensation.
P. Venu
(Expert) 01 October 2019
The posting suggests deeper issues. Please post the material facts.
Dr J C Vashista
(Expert) 02 October 2019
Grandson of B can not demolish partition wall for selling it out without prior permission/consent of interested parties.
It would be better to consult a local prudent lawyer with records of property for appreciation of facts & circumstances and guidance.
