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How to stop illegal construction on my grandfather property?


27-Aug-2023 (In Family Law)
I need a legal advice for my father to take an action on illegal construction which is happening on grandfather's property. The land partition is not made yet, as per Indian Law you are able construct home on your property is that correct. My report to Panchayat Secretary through email and phone call. The important thing is that panchayat member of this ward is standing their side and support illegal activity. The panchayat Secretary said to us no sanction or permit has given from their side. What legal step I have to take to stop construction? Please do help me.
Answers (3)

Answer #1
878 votes
Who are those people doing construction? It appears to be your own relatives, a sibling of your father or their children. The best option is to have the partitioned through mutual consent or through a partition suit, if necessary.
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Advocate P Venu

Adv. P Venu

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Answer #2
812 votes
Hai legally a stop memo can be issued inder the kerala panchayt building rules wih immediate effect since there is no permit n the secretary has ample power to stop construction with police aid. This is most effective speedy n cost efficient one. Else u may file a civil suit demanding partition n stay over construction due to absence f permit where ur dad gt right too over unpartitioned plot. lots f possibilities. U may consult a civil lawyer at earliest hope am upto ur query
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Advocate Manoj George

Adv. Manoj George

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Answer #3
878 votes
Is the grand father is alive or not? If he is died intestate without creating any document, then his all legal heirs have equal right over the property. So ANY ONE NEED TO GET HIS SHARE, FILES A PARTITION SUIT. So as per your query, First suggest your father to file a partition suit and stay petition against the illegal constructions. Panchayath secretary has limitation to interfere the matters. But he has send notice to stop the illegal construction without permission by submitting the approval for building plan.
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Advocate Ajay NS

Adv. Ajay NS

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