Rights of a co-owner of a property


Hi, This is the Issue i am facing any valuable suggestions are needed. We have a House built on our property which is divided among three, My Mother, my aunt and my Uncle. The will has been made clear that all three of them hold equal rights to the house and the uderlying land including the common area. The problem i am facing is both my Uncle and aunt have constructed a Water sump in the common area. Now when i want to construct a third sump in the common area without causing any issue to them, They are not allowing me to do the same. As my mother too holds an equal right to the common area, can i go ahead with the construction of the sump? Do i need to get any court approval or assistance such that neither my uncle nor my aunt cause any issue. ? What is the best way for this ? Thank you

Answers (3)


291 votes

You can get a Declaration Order demarcating your portions based on Will, in the property from the Court . You will then have an absolute right over the same and you ca.n have an individual khatha based on the Order. You can contact me for further legal action


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166 votes

the property is owned by two or more persons in equal shares,
It is to be noted that mere co-ownership of property without reference to any specified extent would imply that the co-owners have equal interests in the property but we have to see sale deed other wise we can not say further details contact us thank you

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140 votes

Have you made khatha as per the will in names of all three of them ?How you have shown in the sketch the common area. Have your Uncle and aunt taken permission from the corporation when they constructed Water sump in the common area ?
Now if you want to construct a third sump in the common area without causing any issue to them, if they are not allowing me to do the same, you can file a suit asking the court for direction against them from preventing you to do it.

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