Mama Right

Anil yadav (Querist) 28 March 2014 This query is : Resolved
My mothers bro[my mama] Build home in my fathers land at village.
He not buy land.
Just my father allow him and my father demolish that home.
Can we demolish it cz mama not aquire land he just build home so many year ago.

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Devajyoti Barman (Expert) 28 March 2014
Legally you can not unless court gives such permission.
It was your fault to allow him to build at first place.
Now only option is to file suit for mandatory partition.

Rajendra K Goyal (Expert) 28 March 2014
You can demolish if court does not give any stay.

Sudhir Kumar, Advocate Online

(Expert) 28 March 2014
not clear. take help of some English knowing person.

ajay sethi (Expert) 28 March 2014
why did you permit your uncle to construct home on your father land ? he has been staying there for many years . you cant demolish it without court order .

malipeddi jaggarao (Expert) 29 March 2014
Engage mediators and settle the issue nstead of rushing to the court, which will take long time and all of you will be deprived of the property till the case is settled.

prabhakar singh (Expert) 29 March 2014
May be your English is poor as pointed out by one of us but i understand Hinglish which is quite a recognize language as on date.

Hence no problem.
As per your statement, land belonged to your father who permitted(may be ORALLY if not in writing) your mother's brother to raise constructions of permanent nature called house or home.

Legally it is a licence.

Even if house/home was built without permission,it can not be demolished out right by you or your father.
A suit of demolition and possession is the requirement,if constructions are raised without permission and knowledge.And 12 years from knowledge of constructions must have not passed although for demolition limitation is 3 years only.

Guest (Expert) 29 March 2014
Precisely advised by Senior Expert

O. Mahalakshmi (Expert) 29 March 2014
Without due process of law, you have no right to demolish the building.

you have to file suit for mandatory injunction.

take help of local advocate.

prabhakar singh (Expert) 29 March 2014
A BALD suit for mandatory injunction only would be of no practical use UNLESS RELIEF OF POSSESSION IS ALSO SOUGHT sir ji!

BECAUSE IF DEFENDANT DOES NOT OBEY a decree of INJUNCTION prohibitory or mandatory,he is just punishable under C.P.C.

LEGALLY COURT can NOT ISSUE WRITS OF DEMOLITION OR POSSESSION for execution of a decree of prohibitory or mandatory injunction.

T. Kalaiselvan, Advocate (Expert) 29 March 2014
Well advised by expert Mr. Prabhakar Singh, I fully agree with his views and opinion on the subject. A mandatory injunction suit for demolition with a prayer for an additional relief of possession will be right solution available to the author in this regard.