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Want to rebuild HUF property but all the members are not agreeing


11-Apr-2023 (In Property Law)

I am from a HUF, we are living in a old house, built before the Indo-Pak partition, and we are planning to rebuild this property again, because the house is weak now and could collapse in a earthquake. 80% of our family members are already agreed to our decision and signed the papers, left 20% are not supporting to our decisions, because they are not living in this house they are living in their separate houses, without their permission and signature on the papers we cant build this house again. Is there is any way to send them a Legal notice to sign the papers because our lives are in danger.

Answers (3)

Answer #1
753 votes
Yes you can send them Legal Notice as the life of the people who are living in that house, is in danger. You can take appropriate action against them and can file the case against them too systematically as prescribed law.
Answer #2
944 votes
If the house is so bad in condition. You simple start the construction if the remaining member want to stay over the said construction they have to file a case. You don't worry about that. At that time we will take the plea that the said property so week that anything might happen and for safety and security of the family members you had done so. There is nothing wrong in that. At that time we are on higher side and then there will be all possibility that the matter will settle between you and them and they have to sign for further construction and suppose if they do not approach the concerned court within stipulated time. Your construction will be completed.
Answer #3
558 votes
You can also send them a legal notice for partition. Having said that the eldest member of your family can act as the karta and can easily ride roughshod over the objections of the other members of the joint family. I suggest that you send then a notice and then go ahead with the construction. Cheers

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