Cousion are not allowing us for addition of floor

Querist : Anonymous (Querist) 27 October 2011 This query is : Resolved
I live in house( located in Delhi Region Area belonged to my grandfather died inestate on 1994 survived by 2 sons ( my father and Uncle(chacha)). My father occupied the groundfloor and my Uncle occupied the First Floor. My father has 2 sons while Uncle expired in 1999 and is survived by one son who is married and is not staying in the First floor and has locked the terrace

Since for the develling of my father family we are in need of terrace for the construction of another floor which has been bluntly refused by cousin and his mother

Many times we had initaied talk on table to allow us to construct addition of floor i.e 2nd Floor so that it will also be convenient to them for addition of another floor i.e 3rd Floor..but they didnot agree but always in favor of creating hassles..we too offered them to sell their floor if not interesting for living here but again they denied...In that case what alternative will be left for us..? Is there any provision under which we can move to the court for seeking directions to them for allowing us for addition/construction of floor as the property is still in the name of grnadfather

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ajay sethi (Expert) 27 October 2011
the property belonged to your grandfather . since your grandfather died intestate the legal heirs have equal share in the property . you cannot without consent of your cousin brother/aunt do additional construction on the terrace .

M.Sheik Mohammed Ali (Expert) 27 October 2011
yes, i do agreed expert query reply

Querist : Anonymous (Querist) 27 October 2011
Sir, thanks for message..we had made propsal to construct 2 floors so that we can share each additional floor/s..but they denied..is there any remedy is there in such circumstances..?

ajay sethi (Expert) 27 October 2011
obtain succession certificate from court . get property transfreed from grand father name in name of leagl heirs then proceed further .

prabhakar singh (Expert) 27 October 2011
Finally Partition is the only remedy in your case,whether amicably or by court.

Raj Kumar Makkad (Expert) 27 October 2011
You should move a civil suit for partition and possession of entire property. Court shall decide it as per law. You should also claim roof right therein.

Querist : Anonymous (Querist) 28 October 2011
Makkar Sir, whether suit for partition and possession means we can give them 50% of market value and claim complete right over property? who determines the market value in such case?

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