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Procedure to construct the wall on the shared property


28-Dec-2023 (In Property Law)
There is a building registered with my name and my brother's name. It is a G+2 building. In first floor my brother lives. In second floor I will live with my family Ground floor has two parts. Front part is commercial space. Backside is 2 rooms in which tenants stay. My brother uses the front side commercial space and pays me a very less rent. I want to divide the front commercial space into two parts by constructing a wall and take my part. My brother doesn't agree to divide and give my part. If I have to construct a wall and take my part back how can I proceed ? Can I bring any police officer and construct the wall on his presence ? Thanks in advance
Answers (3)

Answer #1
982 votes
As you and your brother have equal rights over the property you demand your brother though legal notice to come to partion of property equally. You file suit for partition, If he failed to come for partition, before the court where property is situated. In case your share specifically mentioned with extent in your deed then you can start your work with police aid from civil court order.
Answer #2
563 votes
Sir you cannot bring police in civil matters you have to Fila a case of pertition between you and your brother court will direct your brother to make partition and let you enjoy your property as you wish to
Answer #3
647 votes
you need to firstly file a suit for partition before the concerned court and then you can get direction to construct wall after the visit of the advocate commissioner in final decree for partitioning the property

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