LawRato

Rights of a co-owner of a property


03-Mar-2023 (In Property Law)
Hi, This is the Issue i am facing any valuable suggestions are needed. We have a House built on our property which is divided among three, My Mother, my aunt and my Uncle. The will has been made clear that all three of them hold equal rights to the house and the uderlying land including the common area. The problem i am facing is both my Uncle and aunt have constructed a Water sump in the common area. Now when i want to construct a third sump in the common area without causing any issue to them, They are not allowing me to do the same. As my mother too holds an equal right to the common area, can i go ahead with the construction of the sump? Do i need to get any court approval or assistance such that neither my uncle nor my aunt cause any issue. ? What is the best way for this ? Thank you
Answers (3)

Answer #1
880 votes
Have you made khatha as per the will in names of all three of them ?How you have shown in the sketch the common area. Have your Uncle and aunt taken permission from the corporation when they constructed Water sump in the common area ?
Now if you want to construct a third sump in the common area without causing any issue to them, if they are not allowing me to do the same, you can file a suit asking the court for direction against them from preventing you to do it.
Answer #2
572 votes
the property is owned by two or more persons in equal shares,
It is to be noted that mere co-ownership of property without reference to any specified extent would imply that the co-owners have equal interests in the property but we have to see sale deed other wise we can not say further details contact us thank you
Answer #3
620 votes
You can get a Declaration Order demarcating your portions based on Will, in the property from the Court . You will then have an absolute right over the same and you ca.n have an individual khatha based on the Order. You can contact me for further legal action

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."