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Builder has locked us out of our own property claimimg more money.


28-Mar-2023 (In Property Law)
Hello All, In 2016 my dad & uncle started to construct our house. The work was given to a contractor who is a friend of an acquaintance. No formal agreements were made between us. There was delay of payments from my uncle which led to the stoppage of work at the site. In 2018 my uncle entered into a lease agreement with a party to finance the construction. We even finished the house warming ceremony in Jan 2018. After the 2nd floor was occupied by those folks, he has denied entry to us in the ground &1st floor. He’s asking for more money and saying he will talk to his lawyer and take over our property. Since we are locked out we are not able to collect any posts. Everyone at home are advising us to break & enter. I would like to know if he can prevent us in doing so by issuing an Injunction or Stay order. Also is there any chance to find out if the same has been issued by the court against us. As we don’t have access to posts, we are worried that he might even have taken the summons.
Answers (1)

Answer #1
654 votes
Respected

In the above case you have not informed the actual title/ownership over the property where the construction is done.

On the basis of facts, as you informed that the you have finished the house warming ceremony in jan 2018. That it shows that you are in possession over the property. Here on this basis of records you can seek for injunction against your uncle for removal of obstruction to enter into the premises.

Without seeing records relating to confirming your rights and possession over the said property it is difficult to answer your question in detail. Please contact us or contact any counsel known to you.
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