Renovation without consent
Shadab Aliakbara
(Querist) 12 September 2014
This query is : Resolved
I and my father stay in a flat with my uncle and his family, the flat is in the name of my great grand father. I and my uncle don't share a good relationship and hence we have issues with property. Recently as i and my father were out of station, he started to renovate and redesign the flat without my consent moving my stuff. I would like to know if he has a right to modify or redesign anything in the flat without my consent? What right do i have in case he claims the flat to be his or what action should i take to stop him from doing so? please help and guide.
ajay sethi
(Expert) 12 September 2014
consent would be necessary of the owner of flat to carry out renovation . if owner is dead consent of other legal heirs would be necessary .
you can file suit for partition to claim your share
Advocate Bhartesh goyal
(Expert) 12 September 2014
Your uncle and his family can not get renovated the ancestral house without consent of other co-sharer.file suit for partition along with injunction and get restrained to them by court for such unlawful act.
Rajendra K Goyal
(Expert) 12 September 2014
Agree with the advise of the experts.
Raj Kumar Makkad
(Expert) 12 September 2014
The best solution to your continuous problem is to file civil suit for partition and possession and to get a stay order therein not to change the design or ownership till the finalization of the suit.
Shadab Aliakbara
(Querist) 12 September 2014
Thank you very much for your expertise and time.
Shadab Aliakbara
(Querist) 12 September 2014
If i need to hire a lawyer can this forum help me in doing so?
Rajendra K Goyal
(Expert) 13 September 2014
You can search lawyers club database and contact or visit local court premises and search.
Raj Kumar Makkad
(Expert) 13 September 2014
You should personally search the required lawyer.
Shadab Aliakbara
(Querist) 13 September 2014
Yes, I am searching and i have tried to contact few from here already awaiting their replies.
Anirudh
(Expert) 13 September 2014
1. What is the size of the flat?
2. Do you mean to say that you and your father alone are there (i.e. you do not have your mother, sister, or your wife, children etc.?
3. How long were you out of station?
4. What exactly is your uncle doing - white washing / just patching up the portions which have worn out etc?
5. Have you been asked to stay out of the flat during the period of renovation?
6. Whether renovation is continuing and if so how long it will take?
7. Whether your uncle has asked you to share the cost of renovation?
Shadab Aliakbara
(Querist) 14 September 2014
The size of the flat is around 800 sq ft. I dont have any siblings and my mother stays in my hometown. I and my father stay in this flat. I am not married yet. I was out of station for 10 days. He has broken down the kitchen and changing the wiring of the entire flat. Neither my dad or i was consulted or intimated on this. The work will go on for another month or so. No, since he has not bothered to speak abt the ongoing work sharing the cost of renovation doesn't arise. Hes of this thinking that if he spends money he will have more say in the flat.
