Building house on inhertent land
Vishal Patil
(Querist) 20 May 2013
This query is : Resolved
Dear Sir,
My late Grand father had purchase land in Maharashtra and he did not leave any will.
My Grand mother died a few years later.
As per the law now my Father and his 2 married sisters have their names in the registered land documents.
Now I have the following questions.
1. The 2 sisters are asking for their share which my father has not denied as there names are still apperaing in the 7/12 document.But my father is saying that when ever we sell off the land he will give the quivalent part to the sisters.
The land is in 3 different parts
2. On one of the part my father wants to build a house.
3.Can my father build a house on that land without doing the partition of the land. 4.Can the sisters go to the court for this.
Raj Kumar Makkad
(Expert) 21 May 2013
It shall be better if NOC is obtained prior to any permanent structure from his sisters by your father otherwise their right to agitate against the proposed action cannot be denied.
Advocate Ravinder
(Expert) 21 May 2013
Since your landed properties are in undivided nature, first they have to be partitioned. You three of you get a partition deed registered in sub registrar by enclosing a sketch plan showing divisions of your shares. Then there will not be any problem.
In the alternative, if your two sisters give NOC as suggested by Makkad sir, you can construct a pacca house. At the time of partition this part will be deducted from your share.
In case if the sisters will not give their consent, the only thing you have to file partition suit before the local civil court . This will take long time. Untill then you should not construct anything.
