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How to resolve dispute regarding property within family


12-Jun-2023 (In Property Law)
we are 3 brothers in total .we have built a property of 6 flats in total in a land belonged to my father.we partitioned the flat and I registered 2 flats in my name for clear title in future. There are open spaces in ground floor as mentioned as common spaces in property building plan which was approved my cmda.Now my elder brother has built 2 shops and have rented it in that open common spaces with out my approval nor corp approval.how should i proceed to claim the said open spaces.he unwilling to share the rent of said shops.should i file a case in court for closure of that shops.kindly advice.
Answers (3)

Answer #1
559 votes
Sir,
Since the matter family oriented, better to have a detailed talk with your brother who retains the common area, try to come to a consensus by telling him that the nature of usage is illegal and not in accordance with CMDA approval, and do explain him future consequences may happen.
Answer #2
786 votes
Yes, you may proceed to file a case if you wish, restraining your brother from creating any hindrance in the common space and to remove the unauthorized construction from the common place with his own expenses. You must keep in mind for this you need to bear the advocate fee and the court fee. The Court fee will be less for this when compared to lawyer's expenses. You can also pray the court for an interim order to close the shops, if it's viable with documentary proof.
Answer #3
808 votes
You can give a representation letter to Cmda for unauthorized construction to demolish the building. File a proceeding before the court to call for the record if the official have not considered your representation

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