Indemnity bond

Querist : Anonymous (Querist) 19 October 2011 This query is : Resolved
we co owns a proprty as legal heirs of our father.now we have to construct a building in this property. but one of legalheirs not agree to this.he not agree to divide property.by all means he want oppose other's plan.
in this circumstances,how can we get relief from his objection.if we file a partition suit,it will prolong many years.can we deposit an amount which 2 fold of his actual share as indemnity bond to get legal prmission for construction?

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Advocate Rajkumarlaxman (Expert) 19 October 2011
even if you get permission and start your work it would mean undivided interest to your person who is not ready to give consent. hence it is better to move for partition and then apply for permission to your extent of share or deposit the amount of undivided share in the court itself after filing partition suit. you will be on safer and clear side.

Devajyoti Barman (Expert) 19 October 2011
As long as the suit is pending and may be an order of injunction you can not make any constructions in the suit property.

prabhakar singh (Expert) 20 October 2011
It is a hypothesis of yours and not a problem.Let him come with the suit.

Then bring the query,only then i shall tell you how to solve it in one day when you do not intend to grab and want matter decided early.

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