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Brother doing construction on ancestral property without my consent?


21-Apr-2023 (In Property Law)

I live in bombay. Me and my brother have an ancestral house in paharganj. Few weeks back my asked me to sign a NOC which I denied. Now from a reliable source i came to know that he is doing some construction in our ancestral home of which i had no idea and also didn't give consent for the same? How can i stop him from going ahead with such construction?

Answers (4)

Answer #1
376 votes

If you are parents have expired the house belongs 50%  each of you two.

Since your house is ancestral, your brother cannot sell or construct the house without your permission. If he is trying to sell or construct you can send him legal notice, thereafter file a suit for declaration and permanent injunction for stopping him from construction.

The interim injunction will be granted in your favor thereby restraining him from constructing any portion of the house.

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Answer #2
964 votes
Please file a suit for permanent injunction. You may also seek partition if you desire
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Answer #3
693 votes
Immediate court'a interference is needed.
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Answer #4
890 votes
If you are parents have expired the house belongs 50% each of you two,Since your house is ancestral,you brother cannot sell or construct the house without your permission.If he is trying to sell or construct you can send him legal notice,thereafter file a suit for declaration and permanent injunction for stopping him from construction.The interim injunction will be granted in your favor thereby restraining him from constructing any portion of the house.
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Comments by Users

Prakash Lewis
I have constructed a house in ancestral property while mother was alive. After her demise we are legal heir. No partion took place. No will was made. Does my house is legal or illegal ?

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