Construction of building on land by legalheirship

Querist : Anonymous (Querist) 17 November 2011 This query is : Resolved
Dear Sirs,

My father has purchased two lands each one in Chennai and Bangalore. The area and market value of both the properties are almost equal. My father is died and left no will. Myself and elder brother are the legalheirs of the said properties. Hence we are equally eligible for both the properties.

Now I proposed my brother to take entire land in Bangalore and entire Land in Chennai for me as I am residing in Chennai.

But my brother is not accepting as he wanted entire land in Chennai instead of Bangalore.

My question is

1.Can I build a house in Chennai Land on my eligible share (i.e 50%).

2.Any consent from my brother is required for sharing of area i.e left or right side of land.

3.If I build a house without his consent and later can he claim that build up area is belong to his share and vacant area is belong to me.

4.Can I avail bank loan for construction in the absence above area sharing.

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M.Sheik Mohammed Ali (Expert) 17 November 2011
without partition deed you start the constructing work, surely your brother file injunction petition, before construct you take necessary steps.

ajay sethi (Expert) 17 November 2011
since your father died intestate both the brothers are legal heirs to said land .

bank wont advance you funds for construction as your brother is co owner of flat .

even for application for building permission your brother consent is necessary .

if it is not possible for brothers to arrive at an amicable settlement sell the property .

Rajeev Kumar (Expert) 17 November 2011
I do agree with mr.ajay

Shonee Kapoor (Expert) 17 November 2011
Unless you arrive at a settlement, don't start any construction, it would lead to multiple suits and counter-suits.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Sailesh Kumar Shah (Expert) 17 November 2011
without amicable settle the matter or partition from the court, you can't do construction.

Devajyoti Barman (Expert) 17 November 2011
Yes I AGREE.

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