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What to do if joint property owner refuses for further construction?
27-Mar-2023 (In Property Law)
What should we do if the joint property owner refuses to allow us further construction on the property? We stay on the 1st floor of a house inherited by my father in law wherein the ground floor is with his brother. This is as per the Will made by my father in law's father.
The Original papers of the property are with father in law's brother's possession. Now we need to construct a floor on the roof but since it is shared 50-50 as per the Will, my father in law's brother is not allowing us to do so.
What legal remedy do we have? Please help.
In this case, your father-in-law shall have to file a suit for partition. As the property is jointly owned, you cannot construct a floor on the roof without the consent of all the owners as the said construction shall be liable to be challenged in the court of law.
You father-in-law can file a probate case for the execution of the will if the same has not been done yet and thereafter, file a suit for partition and permanent and mandatory injunction against his brother.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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