Residential property dispute
Krish
(Querist) 25 December 2010
This query is : Resolved
We are residing in an intestate house owned by my mother who expired in 2005. We were three legal heirs. My father and my brother have died recently. This house was approved for two and half storey by MCD when initially constructed in1985. My father added two bed rooms on the second floor and two rooms, a kitchen and a bath on the third floor without getting it approved from the MCD. The property has not been divided yet between me and my deceased brother’s family. My sister-in-law (Brother’s widow) is threatening that she will have the third floor demolished by complaining to the MCD about the above said unauthorized/illegal construction as her sister works in MCD as a clerk, unless I give her the first, second and third floors, instead of 50/50 as per the law.
I have following queries/concerns:
1.What are the chances of MCD demolishing the third floor and leave the second floor untouched although part of that floor is also illegal, but it is in her possession and since her sister works for MCD she(brother’s widow) thinks she can do whatever she wants to do.
2.She also threatens me that she will complain about me to the police on some kind of charges to teach me a lesson. She is also a mental patient getting treatment from a renowned mental hospital in Delhi for the last five years.
3.How can I find out her sister’s designation and department at MCD in order to stop her from using her position (conflict of interest) and influence in this matter.
4.Her brother has also threatened me with serious consequences including harming my children and used abusive language on the phone.
Please answer these questions asap, Thanks
SANJAY GUPTA
(Expert) 26 December 2010
first of all yes if any complaint found by the mcd for illegal construction they can demolish it. there is law for penalty if if there is any illegal construction so go for it and after paying penalty regularise the illegal construction. it is true as one of the legal heir she has right in the property and can claim her share but dont worry about any threat and file a complaint before the police in respect of the threatening by the brother and sister of your sil and also file an application before the executive magistrate under section 107 Cr.P.C to protect your self and your family members from such threat.
Kirti Kar Tripathi
(Expert) 26 December 2010
contact the MCD, i am sure that there must have been some provision for regularization of unauthorized constriction. If any such provision is exist, get the construction authorized by comply the formalities. There after you may claim your share in the property in accordance with law.
