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How to get property after the death of father


07-Apr-2023 (In Property Law)
My dad is no more now, and without me he has 4 other legal heirs. But the property is registered on my father name. Now the paternal property has been occupied by my elder brother and he made 2 new rooms and a garage in our house without building sanctioned plan by area municipality. And I gave a written complain to the chairman of the municipality, but the engineer of this municipality told me, they can’t do anything, I should go to court. What should exactly do?
Answers (2)

Answer #1
712 votes
You need to file a title suit in the district civil court or you can file a writ petition for police in action in the high court for further legal remedy. You need to come to our office with all the necessary documents so that we can guide you properly
Answer #2
527 votes
There is no legal provision under the Bengal Municipal Act to regularize the unauthorised construction. Certainly, the construction made without any sanctioned plan, is an unauthorised construction. Hence an unauthorised construction is a must to be demolished by law. Once you have already intimated the Municipality that there has been unauthorised construction, it has to be demolished. If they do not do you approach the Calcutta High Court and pray for demolition of the same. The Hon'ble High Court on many of matters directed demolition of unauthorised construction. All the best. Regards

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