Dvc and house

Guest (Querist) 12 October 2014 This query is : Resolved
My wife filed DVC against me and my family and got residence orders to stay in our house. We moved out and now she's staying alone in that house from more than an year.
We'd like to add additional floors to the house for our living. Can we start directly or do we need court's permission?
What if this requires significant changes to the existing floor where my wife is residing?
Can I also get loan against property (I required 5L or so) for the construction?

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ajay sethi (Expert) 12 October 2014
wife has mere rights to stay in matrimonial home . it was not necessary for you to vacate the house . for carrying out additional construction obtain permission from muncipal corporation . you dont need court permission . if it requires significant changes to existing floor wherein wife is residing then better obtain court consent

Y V Vishweshwar Rao (Expert) 12 October 2014
Wife has only Right to Residence as per DVC Orders.Your Proposal is for development of Property, is only increasing additional Floor/s.The Residence Order is not being violated.So long the Residence Order is not violated,the Development of the Property is not illegal.As Owner of the property you are entitled to further construction , if you are eligible for loan, you can avail loan. The Residence Order is only a right of wife for her residence ,not more than that.she can not prevent development/ construction of the other parts of property. However the same may be informed to court by filing a memo before the Court Court where the D V C is pending, to avoid any interference in construction by her .

Nadeem Qureshi (Expert) 12 October 2014
No need to worry, you may construct the floor as per your wish she can not do anything against your now, she can only get residence order.

Rajendra K Goyal (Expert) 12 October 2014
Well advised, agree with the experts.

Guest (Querist) 13 October 2014
Thanks all.
I'll file a memo saying that I want to construct a new floor along with municipal corp permission. After that I'll start the construction.

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