Stay order on construction
JS
(Querist) 08 August 2015
This query is : Resolved
I wish to clarify some doubt .
Mr.Ramesh purchased some property (12 cents)in 1948 & got the patta in his name.Further he has 2 son & 1 daughter. After his death one of the son enjoying the property & pay the tax for past 20 years (in his name not his father's name).Now he demolish the old house & build a new one in the same property.In this situation others has come for getting their rights.Is there any chance to get the stay order against the house construction by any one of the legal heir(out of other's two)?.Actually other two person also having the house & their house title is also in the name of Mr.Ramesh.(Their's Father).
seshadri dubey
(Expert) 08 August 2015
of course other son and daughter may get a stay order, if they apply before the Court.
Advocate Bhartesh goyal
(Expert) 08 August 2015
All the legal heirs of deceased Ramesh have right to get equal share in the properties purchase by Ramesh.Other son and daughter may get injunction order from court.
JS
(Querist) 08 August 2015
What would be your answer if the construction is doing at part of the total land not total area ?
Even the legal heir still(As he demolish the old house & construct the new one) have the right to get the stay order what is the way to stop the process of stay order by others two?
Since the others two also living in the father's property,the 1st son also have the right & get the stay order & the right to eject the other's from their's house.In this situation how can the 1st son get the remedy?
P. Venu
(Expert) 09 August 2015
It appears that the father's property is not et settled. File a suit for partition.
Rajendra K Goyal
(Expert) 09 August 2015
All the legal heirs have right in the property, if no amicable settlement possible, file case for partition.
JS
(Querist) 09 August 2015
Yes.It has been not yet settled.But enjoy by the 1st son only & pay the tax everything.Better send your opinion for easy understanding.Actual Problem is as follows
.
i.e. Mr Ramesh has Bought 3 separate property. 1st Property is 12 cents & another 2 Properties is 2 cents each. Property 1 is used by 1st son & 1st son construct a house in 2 cents out of total 12 cents & remaining portion is under the control of 1st son.Another 2 Properties used by the 2nd & 3rd one.Now the 1st son demolish the old house & construct the new one.But the other two are create problems to construct the house as they want their share from the 12 cents land.
Further they argue like once the partition has been done, then only the 1st son can continue the construction.
T. Kalaiselvan, Advocate
(Expert) 15 August 2015
Without a proper partition none can claim any particular portion as their respective share in the property hence a solution lies only when there is a proper partition,the other legal heirs may file an injunction suit along with the partition suit, the construction work may come to a halt due to injunction hence amicable solution to this issue will solve lot of problems and save money time and energy.
