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Can I build home in ancestral land before division?
02-Jan-2023 (In Property Law)
There is ancestral land. There are 5 children who are legal heir to land. One of the children wants a piece of land to build a house. Since the land is not divided among 5 children, can that child start building a property in one of the piece of land with a no objection certificate from rest of the children?
if no objection is intended to be received from the co owners, that should be registered in the form like release deed. So, it is advisable to execute a release deed by the other owners of the property in favour of the person who intended to construct building in the portion of the property wherein he desires to construct
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Adv. A.G. Syam Kumar
Trivandrum / Thiruvananthapuram | 400+ Answers
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Not wise to do. Either the partition has to be conducted and separate possession of each ones share b given. So in his share he can build. Or, the other co sharers have to execute release deed of their share of land where he constructs the house. Otherwise it can create issues later. With respect to undivided property, the share of every legal heirs are spread throughout the property in ranch inch . So tomorrow it will create issues
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Adv. R. Madhuraj
Trivandrum / Thiruvananthapuram | 100+ Answers
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