Construction on your area
Querist :
Anonymous
(Querist) 06 September 2011
This query is : Resolved
I LIVED IN THE HOUSE HAVING 1/4TH SHARE IN THE HOUSE PROPERTY. THE OTHER CO-PARCNER BUILD UP TOP FLOOR ON MY PROPERTY WITHOUT AGREEMENT WITH ME.CAN I FILE CASE U/S 420 OR ANOTHER SECTION. PLEASE GIVE ME REMEDY ALONG WITH DEMO DRAFT.I AM STUDENT OF C.A FINAL YEAR.
ajay sethi
(Expert) 06 September 2011
you better engage a local lawyer . we cannot prepare a draft complaint under section 420 and upload it . the entire facts of case has to be stated in complaint .
Devajyoti Barman
(Expert) 06 September 2011
Yes
Most importantly the conduct of your brother/coparcener does not fall under the provisions of section 420 ipc.
You should rather file a case for partition.
prabhakar singh
(Expert) 07 September 2011
fallacious to think that a member of coparcenary wants to charge an other coparcener u/s 420 IPC because one of them has constructed a floor from his own funds on the property of his own coparcenary.
Should you be ask if you did not agree why did you allow the construction to go on and let his fund invested,after all it takes a quite long time to construct a floor giving ample time to file a suit of injunction which at then was your remedy that you did not avail.
At present remedy,if any is the one suggested by Mr. Barman,and that is a partition suit and nothing else.
Guest
(Expert) 07 September 2011
I agree with the opinion of Shri Devajyoti Barman.
Querist :
Anonymous
(Querist) 07 September 2011
In this case , coparcener constructed upper floor while roof is very weak.Even Architect can confirm that this roof can collapse at any time. There is risk of 5 lives. Can I file case for attempt to murder u/s 302. Please provide suitable demo draft or case laws , if any , to corroborate this fact.
Querist :
Anonymous
(Querist) 07 September 2011
Facts of the case are enumerated as below :-
Property belonged to my mother who died in the 2001. There are four legal heir - My brother , Father , Married Sister and myself. I am entitled to 1/4th share in the property as per Hindu Law. Whether the other coparcner build up one floor without agreement suo-moto on the share of other legal heir. Whether it tentamounts to case of 420 I.P.C. Please provide demo-draft, rest I myself prepare the case.
girish shringi
(Expert) 09 September 2011
Better you find out other source for filing FIR,your both the causes are not suitable for IPC.
1/4,was it clarified which portion is of whom?Till it is not decided how can you say that the particular roof belongs to you?
Better approach any local Lawyer.
