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Krishna Prasad (official)     17 February 2009

Rights on Joint Property

Hello friends!

Would any body give solution to the problem

My grand father executed a Will in favour of my father,  two elder sons and one daughter for the self acquired two storage house property. My father was given upstair portion(2000 sft) without mentioning proportionate right on land. Now all of the want to dismantle the old house toconstruct a new house and rejecting our right on land proprtionatly.

What course of action to be taken. pl suggest

with regards


 5 Replies

Sushil Kumar Bhatia (Advocate)     17 February 2009


    you should file a suit for permanent prohibitory injunction against other owner and take plea the court may restrain the other co owner not to dismental or demolish the building

AEJAZ AHMED (Legal Consultant/Lawyer)     17 February 2009


Rightly suggested by our learned brother, Mr. Bhatia,  Your father can file a   ' CIVIL SUIT '  for ' PERMANENT INJUNCTION'   along with an ' Interim Application ( I.A ) '  for an  " ad - interim injunction order " against his brother and sister OR remaining owner residing  in the premises in question, to restrain them from dismantling the Premise.

But, for me your question is neither clear nor complete one on some issues, for further response by our learned brothers please provide details for the following:

 ( a )  Whether the Will in question is  a ' Common Will '   for all ( Two Sons & Daughter)   ?

( b )   If the Will in question  is common one, whether is it mentioned in that, about    ' Proportionate Right on Land ' for other Legal Heirs except your Father ?

( c )  If, the Will in question  is for your father only,  then,  what is the other docoment,    the remaining heirs of your Grand Father  are possessing ?

( d ) You are not clear, about  shares to the other heirs of your Grand Father ? 

( e )  What about your  Father, is he  ' Alive ' ?

PALNITKAR V.V. (Lawyer)     18 February 2009

Clarifications as sought by Mr. Aejaz are necessary.

Krishna Prasad (official)     22 February 2009

Thank you Ajejaz Sir. The deatails are as follows

1. It is  common Will

2.' Proportionate Right on Land ' for other Legal Heirs is not mentioned?

3. Will simply shows who has to get which portion of house

4. My father is alive

thank you sir

with regards

Y V Vishweshwar Rao (Advocate )     07 March 2009

Each Party under the Will Deed, will  get Proporationate undivided sahre in the land  under the Buildign , according to their Plinth area Ratio mentioned in the Will Deed . It is  not required to mention in the Will deed about the land  under the Building .

In the event of Demolition and reconstruction of  new  Buildign in the same palce ,  each party  will get the same Portion at same palce  as it was situated before demolition ,with practicle workign out in constrcution .


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