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Querist : Anonymous (Querist) 08 September 2011 This query is : Resolved
Facts of the case are enumerated as below :-
Property belonged to my mother who died in the 2001. There are four legal heir - My brother , Father , Married Sister and myself. I am entitled to 1/4th share in the property as per Hindu Law. Whether the other coparcner build up one floor without agreement suo-moto on the share of other legal heir. Whether it tentamounts to case of 420 I.P.C. Please provide demo-draft, rest I myself prepare the case.

In this case , coparcener constructed upper floor while roof is very weak.Even Architect can confirm that this roof can collapse at any time. There is risk of 5 lives. Can I file case for attempt to murder u/s 302. Please provide suitable demo draft or case laws , if any , to corroborate this fact.

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M/s. Y-not legal services (Expert) 08 September 2011
No you have civil remedies only.. You can't go for criminal consequences. Since one of the share holder alianate the undivided property mean you can go for partition as well as for mandatory injunction for demolish the unlawful construction.