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Construction of ancestral property without permission of other heirs
14-Jul-2023 (In Property Law)
If a brother has carried out construction on ancestral property without the consent of the other legal heirs, can the construction be demolished?He is now claiming that he will not allow the house to be sold as he has spent money and is refusing to allow the other brothers to enter the house? How can they gain entry into the property? Can they go and live in the house? What is the court procedure to do so? Can he legally stop them entering the ancestral house? Can the house be partitioned and what is the procedure? How do we get a proper evaluation of the property, as he is underestimated it.
You can file the civil suit for declaration and fir partition of property. You can do valuations by govt approved valuer who will give valur of the property. You can also approach the town planing authority for construction without consent of all owners
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Adv. Iqbal Ahmed Mahimood Shaikh
Pune | 25+ Answers
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sir, u have file cIVIL suit for declaration, partition, possession and permanent injunction
and u can stop the construction in the court order for temporary injunction.
u can challenge entire property.
opposite parties other legal heirs.
what about ur share of this property u mentioned the suit.
this is right way.
and u can stop the construction in the court order for temporary injunction.
u can challenge entire property.
opposite parties other legal heirs.
what about ur share of this property u mentioned the suit.
this is right way.
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42+
42+
Adv. Nilesh Y Thengre
Nagpur | 100+ Answers
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No structure can't be demolished on the ground that no consent taken from the other legal heirs.
There are other reason for demolishing such structure by local authority.
If your partition is done then then only he is not allowed to sold the undivided share of ancestral property.
You can file suit for declaration and partition to get entry in that house.
after court order in your favour you can live there.
You can also get stay order from the court. Government had ready reckoned rate according to which you can get value of your property. or share property details i will tell the value of that property.
There are other reason for demolishing such structure by local authority.
If your partition is done then then only he is not allowed to sold the undivided share of ancestral property.
You can file suit for declaration and partition to get entry in that house.
after court order in your favour you can live there.
You can also get stay order from the court. Government had ready reckoned rate according to which you can get value of your property. or share property details i will tell the value of that property.
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45+
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Adv. Bharat Pandirao Pawar
Pune | 500+ Answers
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