Ram (Xyy) 12 June 2013

Construction of house on a disputed land property

Dear all

I have a query.

Three Brothers jointly hold a piece of land (in Himachal Pradesh). The land is disputed as other people also claim the land to be theirs.

My question is if one of the brothers constructs a house on this disputed land, will he own that share of land where he has constructed a house? Or is it illegal to do so? Since nobody has objected on the same while the house was being constructed, will it create problems in future? Also, will the house have to be removed??

Please resolve this query

regards

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2 Replies

Adv Archana Deshmukh (Practicing Advocate) 12 June 2013

The other co owners may unanimously decide to allot the area of the property to the share of that person who constructed the house. However, if there is any such apprehension, then it is better to get a patition deed executed and allot the area of plot to the one who wants to do construction in that area before doing any construction

Ram (Xyy) 13 June 2013

Thanks for the reply archana ma'am! But what if the House has already been constructed?? I mean can there still be problems regarding the share of owners??