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Can own share of the house be demolished of combined property


02-Oct-2023 (In Property Law)
I am a muslim. I have a house in the name of myself & my brother. It’s a 2 storeyed building. Now we have mutually decided to divide it & one part of the building has been given to me & the other half to my brother. Now i want to demolish my share of building & construct a new one since its very old. But my brother is objecting to it & has stopped me from demolishing. He says since it has common foundation, I cannot demolish & build my share of the building. He is doing so to harass me. Kindly advise if he can stop me from demolishing my share of the building & if yes why?
Answers (2)

Answer #1
602 votes
No . Legally your brother can not stop you to reconstruct your house. Only you will have to take care that you are not damaging his portion. You can take the help of engineers so that your portion can be safely demolished

Answer #2
852 votes
You have to understand the factual matrix and circumstances. You and your brother have share in the building in issue and you can't demolish it without getting consent from him. However, if you abel to prove that building is in delepatable condition, then you have a case.

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