Stay order on construction.


Dear Sir,

 

We have our anncestral house in Surat District and one of our hierer is staying there (mother and divorsed daughter) , now the issue is this that they are not allowing us to enter in that premises and wanted to take whole property and would like to construct a new house on it. We have approach them and informed them that let us divide this property & built seperate houses but they are not agreed and wanted the whole property, our names are also registered in the property. So can we bring stay order from court for not constructing the house on it and an order from the court for allowing us to enter in the premises.

 

Thanks is advance and will appreciated your reply and guidence.

 

Dinesh Patel.

 
Reply   
 
Advocate

you can file a partition suit to claim your share in the property. it is not compulsory that all the legal heirs need to file this suit for division of the property. even if one person is willing to go to the court asking for partion of his share in the property then the court shall entertain the suit and shall give order for partition of the property.

 

you may kindly proceed with it.  You may also call me on 09324538481 for legal assistance.

 

Regards,

Advocate Rohit Dalmia

Mumbai

 
Reply   
 



Sir, but before filing the partiton case can we go for stay order for not constructing any house on that land?

 
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