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Divya (nil)     23 December 2009

Disputed property of grand mother

Please help me with the question of disputed property. This is a land at a prime location in Pune. Its in the name of my grandmother who expired in 1993. She had 2 sons. The elder son is my father who has been staying in Mumbai. The younger son has been staying since beginning with my grandmother i.e. my chacha. Now my chacha is trying to sell off this land to another builder on condition that he will get a share in that building which is constructed on my grandmother's land.

How can he construct building on disputed property of grandmother. Even we have a share to this land. What actions can we take against our chacha & the builder who is doing an illegal construction on this property.

 



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 8 Replies

Adv Archana Deshmukh (Practicing Advocate)     23 December 2009

 Your father can file a suit for partition and seperate possession.

mahesh kumar yadav (Advocate)     23 December 2009

hi this is mahesh,

I need some clarification is there any dispute in the court of law?, if so ur chacha cannot sold the property being dispute in the court of law,

did your grandmother wrote any will?

as per the law Ur father and ur chacha are having equal rights in the property, so they have to go for partition to get their shares in the property

rajkumar.vnm.marupeddi (advocate)     23 December 2009

you did not give whether your grand mother died intestate or executed a WILL. The builder agreement is not vaild to the extent of your father's share. Immediately file a suit for partition and also seek for interim relief of temparary injunction against the Builder so as to restrain him from making further constructions. you are advised to file another petition against your father, 2nd son and builder to restrain them from alienating the property to others  by way of sale, agreements of sale, mortgage, lease etc.,

Divya (nil)     23 December 2009

Hello...Some clarifications I had to make. This is a joint property of my chacha & grandmother. My grandmother had not made any will. Now my chacha is giving this plot of land to a builder for making additional construction to the existing house on plot...

How can my father seek relief in this...Some lawyers state that we cannot file injunction coz its a property wherein my chacha is a co-owner.

mahesh kumar yadav (Advocate)     23 December 2009

please file a partition suit, and then take interme injunction so as stop the further construction

rajkumar.vnm.marupeddi (advocate)     24 December 2009

since your grand mother died intestate, her extent of 1/2 undivided joint share in  the said property will devolve upon her husband and two sons. From the facts stated by you, It seems all of you are in joint possession and enjoyment of the said propoerty. If  your father  do not  have any intention to continue to be in joint possession and enjoyment,  your father  can file a partition suit for the division of his respective share and separate possession thereof. It is also advised to seek for interim relief of injunction to restrict them making additional constructions on the existing structures. Submit a complaint to Corporation authorities, requesting them not to sanction any plan to your relative and builder. Inspite of this, if your relative or builder indulges in unauthorized activities of constructin, you can inform/complain the same to Corporation Authorities who will take care of demolshing the unauthorized constructions. You did not elaborate on what grounds, some of the Lawyers opined that your father can not file injunction petition. A coowner can not treat entire property as his exclusive property. 

 

 

HABIB (STUDENT)     24 December 2009

just file a suit for partition

Nali Seshu Kumar (SOCIAL WORKER)     25 December 2009

suit with an interlocution application not to alienate the property till the dispossal of the matter is sufficient for getting reliefs from the court.


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