partion and injuction
jureddi peddinaidu
(Querist) 21 August 2010
This query is : Resolved
a property(two houses and vacant site) was gifted by my father to me my brother by way of registred gift deed we have partioned the said property but i am living in one house iwant to construct bath rooms attached to my house where iam living for that my brother is abstrcting so i want to go for partion and injuction directing my brother not interfear in construction of bath rooms whether i can proceed or not please guide me
Devajyoti Barman
(Expert) 22 August 2010
If the property is already partitioned then there is no way your brother could obstruct the construction. If so happens go ahead with the case as mentioned.
s.subramanian
(Expert) 22 August 2010
Yes. I agree with Mr.Barman,
H. S. Thukral
(Expert) 22 August 2010
It appears that property has not been partitioned yet. Therefore you can not alter the property. It is rather your brother who can file an injunction suit against you and succeed too. A joint holder can only brings improvements in property by repairs/whitewashing etc. but can not resort to alteration of design. However if you have already gone for partition then you can file an injunction suit as advised by my ld. friends herein. Otherwise go for a suit for partition.
Chanchal Nag Chowdhury
(Expert) 22 August 2010
First get your plan for the bathroom sanctioned from the sanctioning authority of your area & then proceed to file a suit for injunction against your brother from interfering in construction of bath rooms.
