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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.


 1 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

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