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Property partition matter in court can anyone construct over it
17-Sep-2023 (In Property Law)
Hi, my question is, if a property is in hearing for partition in court, Does any of the co-owner has the right to construct/destruct in order to occupy the vacant rooms owned by one of the co-owner to rent it to other people.
If the suit for partition is still under question and not been adjudicated then any of the co owners has no right to construct or destruct the property as status quo has to be maintained .I'm sure your counsel would have also seeked the injunction u/o 39 rule 1&2 .That violating the same is contempt of court therefore you can move a contempt petition against the same.Please contact for further details thanks.
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Adv. Nishant Solanki
Delhi | 200+ Answers
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Dear Friend,
With the prior permission of the concerned court the competent party could construct/destruct the property.
For further suggestion you need to brief the complete detail with the documents of the case.
With the prior permission of the concerned court the competent party could construct/destruct the property.
For further suggestion you need to brief the complete detail with the documents of the case.
Helpful?
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Adv. Sandeep Mishra
Delhi | 25+ Answers
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Dear querist,
If there is any stay in the property by the court where the matter is pending in that case alone the co-owner cannot construct or destruct any part of the property else the person who is in the possession of the suit property has the right to construct/destruct in order to rent it to other people. Despite of this fact kindly intimate the court before which the partition suit is pending qua the action of the qua owner and also pray for restricting the co-owner from doing the same.
If there is any stay in the property by the court where the matter is pending in that case alone the co-owner cannot construct or destruct any part of the property else the person who is in the possession of the suit property has the right to construct/destruct in order to rent it to other people. Despite of this fact kindly intimate the court before which the partition suit is pending qua the action of the qua owner and also pray for restricting the co-owner from doing the same.
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Adv. PS Sridhar Raj
Delhi | 25+ Answers
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