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Ritz (Partner)     20 August 2013

Illegal construction on land

Dear Members

Please solve my query at the earliest.

A person constructs his house on a disputed piece of land. While the house is being constructed and finished, nobody objects on the same. 

 

However, the piece of land on which the house has been made is disputed amongst his brothers/cousins.

 

Since the house has been made now, can any problems be created as to the share of land?? Will there be any problems with the House being constructed?

 

Regards



Learning

 4 Replies

Kolla Gangadhar (Practicing Advocate since 1986)     20 August 2013

On joint family property land house is constructed by one of the co-owner, other co-owners will file suit for partition and once house is constructed court will examine all these legal questions and pass Judgement and decree.

Ritz (Partner)     20 August 2013

Hi

Since the person has already constructed the property on the land (with no objections being made by the brothers/cousins). 

 

Should this not imply that the person now owns that piece of land?? Since the other parties did not object or no notice was served.

 

Regards

Advocate Ravinder (Advocate/Attorney)     29 August 2013

If it is a hindu undivided family, the building will also become part of the joint family property and other members of the family also are entitled for the share.  

milesmaxx (Employee)     30 August 2013

If the other members does not have any problem about the land sharing then its not problem.

If they are in joint family then no issue for sharing their land.

And they have constructed the property without any objections it means they doesn't have any problem with that.

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