Property between partners
sunil attarde
(Querist) 12 February 2015
This query is : Resolved
my father purchase 7000 sq feet plot with 4 no other partners. on purchase deal clearly mention plot of area abcd 1A of 2500 sq feet is buy to my father and remaining cdef 1B of 5000 sq feet other 4 no members.
now all partners decide to construct our own property in their respective areas and remaining all vacant plot they keep as common use for all 5 no members.
now all other 4 no members sell plot to builder for redevelopment but i don't want to redevelope my area. as per city survey plan they devide property in two part 1) my fathers plot area and 2) all other 04 no member area.
my father leave free area from all 4 side of my building.now this builder said my area as common land area and plot also common plot so he is going to construct new building very close to my building i.e. only 3 feet away from my building wall. also told me he provide me 10 feet open to sky approch road but not shown on his new plan which he recently passed.
please suggest me how i save my vacant area which mension on city survey as common use area and mentioned all parterns name on my vacant area.
P. Venu
(Expert) 15 February 2015
Your father may file a suit for partition.
T. Kalaiselvan, Advocate
(Expert) 15 February 2015
Based on the approved lay out plan or blue print of the proposed construction, if you find that the builder is trying to violate by encroaching the common vacant land also, you may file an injunction suit against the builder restraining him from utilising the common area for the purpose of constructing is building, this will make him to come to negotiable platform after which you can settle the issues on terms dictated by you.
