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Legal procedure for rebuilding house on ancestral property.
06-Feb-2023 (In Property Law)
My grandfather died a few months back without any will, leaving behind my grandmother, Two Sister and two brothers. Me & my uncles family stay in Mumbai. We have small house in our home town, my grandmother is still staying there, as she don't want to come to mumbai, we are rebuilding this house. As this house is very old and some of his part started falling. One of my aunt husband is trying threat us that you cannot build this house without my wife signature & her permission. Also he is threat us that he will send us legal notice to stop the work & separate the house Property & agriculture land. We do not want to separate house & land. My grand mother & other aunt has no problem rebuilding this house. Pls. guide for further action.
HI
There are 2 aspects of the matter.First is construction/repair of property. 2nd aspect is the right of your aunt in the property. So far as first aspect is concerned, no doubt you can the repair the property without any consent of your aunt. After the construction your aunt will have right in new constructed portion also. She can file suit for seeking partition and separate possession if she has not relinquished her share in eyes of law. Similarly she can also seek partition of agricultural land.If you want to demolish the existing structures completely and wanted to reconstruct new building, then the consent of your aunt is required, if her name is entered in property card.
There are 2 aspects of the matter.First is construction/repair of property. 2nd aspect is the right of your aunt in the property. So far as first aspect is concerned, no doubt you can the repair the property without any consent of your aunt. After the construction your aunt will have right in new constructed portion also. She can file suit for seeking partition and separate possession if she has not relinquished her share in eyes of law. Similarly she can also seek partition of agricultural land.If you want to demolish the existing structures completely and wanted to reconstruct new building, then the consent of your aunt is required, if her name is entered in property card.
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Adv. Ajay Ashok Joshi
Pune | 25+ Answers
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It's better to discuss and sort things first than going into clutches of legal dispute and then ratifying things. Appoint a local advocate and take his guidance wrt avoidance of legal battle and amicable settlement.
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Adv. Ramgopal Aiyer
Navi Mumbai | 200+ Answers
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Your aunt's husband does not have any interest in the house under the applicable inheritance laws. So he can't object to your renovating the house. You can take a written NOC from your aunt and other legal heirs of your grandad for purpose of renovation to keep the records straight, should anyone object.
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First you can make complaint to Municipal authority in regard to that Municiapal corproation will evaluate building condition and pass order regarding the same
Once you receive accent from them then you can approach court or authority to implement the same and you will get Police protection too
Once you receive accent from them then you can approach court or authority to implement the same and you will get Police protection too
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Adv. Prem Dhurvey
Mumbai | 25+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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