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ramesh kumar (na)     25 March 2014

Problem in building house in our partition

Dear Sir/Madam,

May kindly guide me on the following issue.

My father(C) has 3 brothers (A,B,D) . (totally 4 members including my father).

We have land which was in our grand father's name. After my grand father had died and then it was changed to B name under UDR.

The land size is around 4000 sq ft,out of which 1000sq ft belongs to my father.

We are building house in our partition (1000 sq ft)

Before starting the construction, we have discussed with A,B,D (ie. My father's siblings) and they have agreed for us to proceed with the building works. So we have started the work in the particular partition of land which falls into our share.

The building is completed almost 50%. Now they are threatening us to stop the construction works. We are living that place more than 25 years.

Can I proceed with the work. Would there be any legal issues.

Could you please help me regarding this?

Thanks & Regards

Ramesh



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 3 Replies

T. Kalaiselvan, Advocate (Advocate)     25 March 2014

Do you have a registered partition deed in your favor?, what is the basis of partition?, why are they creating problem especially at this juncture?, if the problem can be solved amicably by intervention and talks with the help of other family members, better go ahead with minor compromises so that the ongoing construction work should get hampered due to this, if not, first file a caveat petition before the concerned court against all those who create problem and go ahead with the construction.

ramesh kumar (na)     26 March 2014

Dear Sir,

Thanks your valuable time and quick response.

We do not have register partition deed since It was in our Grandfather's name and after my grand father passed away, it was changed to B's name under UDR. (C is my Father, A,B and D are brothers of my father).

The partitions were split between siblings based on traditional arrangement ( i.e. east most partition would go for youngest and so on). 

As my father(C) discussed  earlier with A B D, we gave 2*50 feet for common way. After that we completed 50% of construction. Now they want 4*50 feet for common way , which is the reason they are blocking construction.

We tried with many middlemen in the village for compromise. They do not agree and  want  us to demolish our building for common way and threatening that they will get a Stay order on the land.

Can you please provide your valuable suggestion.

Thanks & Regards

Ramesh

T. Kalaiselvan, Advocate (Advocate)     27 March 2014

It is better to file a caveat petition before the jurisdictional court in advance so that they will not be able to get a stay order without you being informed or heard by the court, moreover this will be safest way to proceed with the construction and to safeguard your property.


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