Chetan (faculty) 29 September 2014
T. Kalaiselvan, Advocate (Advocate) 04 October 2014
You may execute a general power of duly notarised or attested by Indian High Commission or Ambassador in that country, engage a lawyer in the local, file a partition suit and also an interlocutory application seeking an injunction restraining your uncle from proceeding with the proposed/repair/construction in the property that belongs jointly to everyone in which you have rights and interest.
Bhani Athreya (service) 18 October 2014
T. Kalaiselvan, Advocate (Advocate) 18 October 2014
@Bhani Athreya: In a joint dwelling, if the condition warrants an immediate repair to the structure which endangers the household members lives living under the shelter, the repair work can be very well carried on, the other co sharer until and unless not disturbed with their peaceful enjoyment of the property cannot object to such repairs, however, they can approach the civil court seeking necessary relief only though due process of law and not by taking the law into their hands.
Bhani Athreya (service) 18 October 2014
T. Kalaiselvan, Advocate (Advocate) 18 October 2014
Since the building is in dilapidated condition unfit for living, you can carry out the repair work to the barest minimum extent without making major alteration to the structure, however, an information or consent from other co-sharers may be obtained , in case they decline to give their consent, in view of detrimental living conditions, you may go ahead with the proposed minor renovation/repairs,but if you apprehend the co-sharer to obtain injunction for this, you may file a caveat petition against them in advance and go ahead with your proposal.
Bhani Athreya (service) 18 October 2014
Chetan (faculty) 28 July 2016
Dear Sir,
I am thankful to you and experts helping helpless people due to circumstances. your valuable and legal advice has played very important role and helped to handle the situation very nicely.
Please, guide further for the same concerns for
The house and land is by the name of my Late. Grandfather, mentioned him as Gair Marusi. The land status is written in urdu as (Banjar Kabile kast bvajah pakjadi) which i understand unfirtile land but can be make firtile and is given to member of same family/blood line (to my grandfather by his brother).
In the column name of kashtkar and Ahwal, the name of three sons of my grandfaher is there and furhter mutation by our names (cousions)
The column of OWNER's name and Ahwal is empty.
1. Can real owners sale that property to some one else though they have no possession now neither at home nor open land. That all possession is with us
2. Today I asked revenue officer/patwari about
1. Can real owner sale. He replied No.
2. if I further give my property on rent, can real owner sale it to my tenant as will be having possessing of part of property being tenant. He replied no.
3. i asked him how to be real owner of property as lagan was not paid by my grandfather to his brother who was real owner (now his next generation) in papers as it was written pakjadi khandan (whos menaing enterpreted by revenue officer/patwari as the brothe of my grandfather was rich man/farmer and did not want any revenu/lagan from my grandfather.
Revenue officer told me to apply in court to be real owner and then court will call real owner and ask them to make us (generation of my grandfather-his three sons only one uncle is alive my father and other uncle expired).
Plese, guide how simple/complex this procedure is. The house i am having possession is build by me by my own money by demolishing old house being not in a position to live in.
Thanking you in anticipation as I do not want to rent my property with a risk of loosing it to tennats if they get friendly with real owners on paper, as i live out of my town in himachal for employment reasons.
Kind Regards