Property is not divided but joint owner started construction. Advise
01-Feb-2023 (In Property Law)
Property among my father and his brothers has not been divided but one of them has possession of land papers He has started construction on the land how can it be stopped
If property is owned jointly by your father and uncles then one of the coowners can not claim his exclusive possession thereof nor can help raise any construction without consent of the other countries owners. Your father should immediately file case and seek injunction.
For that purpose you can file injunction suit in concerned Court but it is very much important to note that you can claim or you can claim for an injunction to stop construction over the property when the property in issue is ancestral property or you have any coparceners right...
Either you can make a written complaint to the SDM of your area that the illegal construction is being made on the property belongs to u or you can also seek partition on the basis of the documents . Since you have not mentioned the facts whether the will has been executed it becomes tough for us to answer. If the will is made them on the basis of that you can also ask for the parmanent/temporary injunction as per your convenience
You must immediately file a suit for partition by metes and bounds and seek the relief of injunction in the same suit on the construction being raised. You will have to make all the legal heirs a party to the proceedings.
Your remedy is to immediately file for a suit for partition . It does not matter if you dont have the papers of the property. You can take a stay on construction and coerce the other side then to give you your share.
Plz feel free to contact
Plz feel free to contact
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