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With out partition deed and not getting permission from property holder going to construct home

(Querist) 27 April 2017 This query is : Resolved 
Dear Sir/Madam,

Hi here i need a answer regarding property issue.
Property in the name of Our grand mother and she have 3 daughters and 2sons and her land details: There is total 0.33 Gunta land at village,

My question is, the said land is not partitioned in between our family members even though our Grandmother's first son going to construct the house in the land and with out getting our grand mother permission also even also he is not looking our grand mother and grand father daily maintenance at their 80+ age,

please guide me how can i stop him through law. land is in Karnataka Tumkur
Sudhir Kumar, Advocate (Expert) 28 April 2017
file partition suit.
Devaraj (Querist) 28 April 2017
but it is belongs to My Grand mother, as i heard until she alive no one can claim. here what happen i don't expect her to die, thank got even 80+ she is in front of us but in our family some greedy peoples doing all this unlawful things.
Guest (Expert) 28 April 2017
Consult a Local Good Senior Advocate and obtain a Stay by your Grand Mother.Request your Advocate to mention about "Senior Citizen Act" and as per this Act the Cases should be completed on Priority.
Devaraj (Querist) 28 April 2017
i am Thank full to you both Sir for your valued suggestion.
Guest (Expert) 28 April 2017
Welcome Please
Kumar Doab (Expert) 28 April 2017
If the owner is alive, then owner can act against the person(s) that have encroached.


If you are having consent of owner then lodge complaint with Sr.Citizens’s helpline, police………..


The aged and ailing mother can claim maintenance and eject the encroacher from her self acquired/absolute estate. .




The owner can also dispose her estate/property by a valid/registered deed in her life time say: WILL (preferably registered) ,Gift/sale etc


Let a doctor (preferably govt and psychiatrist) certify that she is mentally sound.
Rajendra K Goyal (Expert) 30 April 2017
Your grandmother can take a stay against construction.

Alternately she can gift the property to one or more than one person of her choice and they may take appropriate step they want to take.

If she is old enough, she can give specific POA to
you to proceed against encroachment.
Ms.Usha Kapoor (Expert) 19 June 2018
I agree with experts.


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