Construction of building on non-partition land
singaravadivelan
(Querist) 30 August 2012
This query is : Resolved
Sir,
A and B are owners of land having share of 75 : 25 ratio.The partition process is not started.
In this case A want to construct shops on share of land but B is refusing for partition of land.
Please advice 'A' on the following
1. Leaving 25% of land as vaccant(B's share) and construct shop on balance 75% of land (A's share)
2. If case 1 not feasible what is the solution.
Shashikant V. Patil
(Expert) 30 August 2012
First of all get the land partitioned among A & B on the basis of 75 : 25 ratio. Fix the boundaries of the partitioned land. Then finally go for construction.
Devajyoti Barman
(Expert) 30 August 2012
Without leave of the court it is not advisable to do so.
If you oppose then file petition for injunction,
S Jadhav 98336 98330
(Expert) 30 August 2012
If the land is not partitioned, then you cannot alone assume occupation of some part and carry out construction.
The only method is to partition it. Best way to partition is do it between the owners. If you fight and go for legal battle both of you will lose time and money.
Whenever there is a joint ownership there are going to be such issues and hence we usually recommend that they should put clauses in the original deed itself how the property can be partitioned in case of dispute. Even you agreement may have such clauses. Please check.
S Jadhav
