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anil   25 November 2019

Ancestral property which is jointly held by cousins

My wife's name is there in 7/12 of land held jointly along with her cousins and uncles and aunties. some of them have constructed individual homes by taking NOC from some of the members mentioned in the 7/12 but not all members were approached for the NOC. But still, they have constructed houses and also encroached on excess land even when property division has not been done. Now my wife wants to build a home on the land where her name is appearing in the 7/12, so do we need to take permission from other relatives mentioned in the 7/12, what if they refuse to sign the NOC, what are the recourses available kindly guide. can we build the house without taking permission as her name is there on the 7/12, what to do if the relatives object? also, can we take action against relatives who will object despite they not taking permission from us while constructing their house? kindly guide. and thanks in advance



Learning

 1 Replies

Sampada Sharma   09 June 2020

You can do construction on the joint property with the proper permission of other holder of the property and in case they dont give their consent or refuse to give NOC , you can approach the court against relatives who started construction without your permission as this is you joint ancestral property. 

You can get order of Injunction under order 39 rules 1,2 and 3 of Code of Civil Procedure.

Hope you get answer to your query. Have a nice day.


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