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Illegal construction / Harassment / Property Issue
14-May-2025 (In Property Law)
Our Hindu parents gave Ground floor to my brother(Christian converted) and first floor to me. The property is still in my mothers name ( both father and mother passed away ). As i am working in another state he has constructed an illegal shed. I told him to remove the shed and then we can go for registration. But he is not doing that. He is of the intention that if he creates problems for us , we will run away so that he encroach our property. Kindly suggest what is the best solution for this.
Since the property is still in your deceased mother's name and both parents died intestate, it legally devolves equally among all legal heirs under the Hindu Succession Act. Your brother, even if converted to Christianity, still retains inheritance rights unless formally renounced, which is rare.
As he has constructed an illegal shed and is refusing to remove it, the best course of action is to send a **legal notice** demanding its removal and cooperation in the property's registration and partition. If he does not comply, you should file a **civil suit for partition and permanent injunction** before the jurisdictional civil court. In this suit, you can seek division of the property, removal of the illegal structure (if it affects your share), and a permanent injunction restraining him from creating further obstructions.
Also, lodge a **police complaint** if there's any intimidation or trespass. Preserve evidence like photographs, property documents, and communications. Early legal action is vital to prevent further encroachment or harassment. Do not delay, as continued inaction may be used against you.
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Adv. Koteshwara Rao
Vijayawada | 25+ Answers
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