Hi,
I require expert advise on a dispute regarding undivided land share of the property. We are living in a dual ownership property. The house is a G+1 and we own the first floor. Recently we have a water shortage in the current current water borewell that was done by us to serve the first floor of the property. Since we have sewage infiltration in that borewell, we wanted to take a fresh one in the common land of the property. The other owner is threatening us saying that since he lives in the ground floor he can dictate the terms and we are not allowed to dig a fresh borewell. He says that undivided landshare only is applicable when the land is vacant and we do not have any say about where we can dig the borewell.
We feel that since we have equal ownership in the land and undivided landshare, he cannot intrude saying that we do not have any rights to dig a borewell in the common land.
Could someone kindly throw some light on this?
Quick response is appreciated.
