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Mitesh Kokare   21 January 2025

Legal remedies for unauthorized commercial use of shared property

Our village has a piece of common land where two houses are located—one owned by Party 1 (Own family) and the other by Party 2 (relative's family). Recently, Party 2 has begun operating a business (similar to a hotel) on this shared property without informing Party 1 or obtaining a proper No Objection Certificate (NOC) from us. This business is for private use by Party 2 and involves the commercial utilization of the common property.

We would like to understand:

  1. Whether such commercial use of the shared property is legally permissible without the consent of Party 1.
  2. The legal steps Party 1 can take to prevent the unauthorized use of the property by Party 2.


 8 Replies

T. Kalaiselvan, Advocate (Advocate)     21 January 2025

If it is an undivided joint property then the other party need to have obtained NOC or consent from the other party.

The aggrieved party can approach court for injunction against this illegal act

1 Like

Advocate Bhartesh goyal (advocate)     21 January 2025

Since property is joint so both the parties have right to use and enjoy it so better gole suit for partition of property and injunction to get restrain him such activity.

P. Venu (Advocate)     21 January 2025

Yes, the aggrieved party  has option to initiate a civil action against other. However, an amicable settlement would be the best option. The adalats functioning under the Legal Services Authority could be approached in the first instance.

1 Like

Mitesh Kokare   21 January 2025

A suit has already been filed by a third family member, who is neither part of Party 1 nor Party 2 but shares the same land. The case is currently pending in court. Despite this, Party 2 has commenced their business operations on the shared property without awaiting the court's decision. Additionally, Party 2 has constructed an ~8-foot-wide road on the common land leading to their home.

P. Venu (Advocate)     21 January 2025

I am afraid, you are trying to mislead this forum without disclosing the material facts. Your posting and subsequent clarifications constitute a riddle than a query.

1 Like

T. Kalaiselvan, Advocate (Advocate)     21 January 2025

If the party to the suit is indulging in the activities involving the suit property then the aggrieved person can file an injunction application to restrain him from indulging in such activities which will adversely affect the conduct of the suit.

You may consult your avocate and take decision accordingly 

1 Like

Mitesh Kokare   22 January 2025

I apologize, sir. My response, along with the query, now presents the complete scenario. There are no additional hidden details.

T. Kalaiselvan, Advocate (Advocate)     22 January 2025

You can proceed as suggested here by experts or you can discuss with your advocate and proceed as advised by your advocate


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