Construction On Property Under Case | Vkeel - Free Legal Advice

******i

Bangalore

We had an open plot brought between my father and 3 uncle's name when we were in a joint family. Indian tradition property was brought in name of my elder uncle and the remaining 3 siblings names also written below. After my uncle death with consent to my aunt property is distributed among his brothers ( my dad and uncles). After 15 years of the property distribution, we have to build a house on our share of land now my cousin put a case saying we have forced his mother to sign on the property distribution and illegally got the property. We are paying tax and we also have done mutation of the property as soon as we got our share only thing not done is registration . Now we case is going on and we are living in our house, my question is can we build 2 more rooms on the first floor, or it's not permitted since the property is in a court case. Is there any clause or section which gives permission to extend the already build house ( since we have only 3 rooms and my brother is getting married)

Expert's Answers(5)

Kishan Dutt Kalaskar 40 years Exp (Retired Judge)
Bengaluru Urban, Karnataka

187 Client Ratings

Dear Sir You may get specific permission from the court and get construction Give me RANK FIVE (5) if my answer satisfies you

September 5, 2020
Advocate Abhimanyu Gurawalia
Patli Hajipur, Haryana

60 Client Ratings

yes you can construct as there is no any stay order from court you need not worry as you have already mutation in your name contest the case in proper way

September 5, 2020
Advocate J L Naagar
Jalandhar, Punjab

169 Client Ratings

Since the property was got partitioned mutually by all the co Owner with consent there is no question of threat. But however at this juncture it is not advisable to raise construction. Because it may complicate the Legal matter. Please give me Rank Five and follow me after reviewing my resume and book a consultation for further discussion and explanation if required.

September 5, 2020
Advocate Srinivas G D
Bengaluru, Karnataka

19 Client Ratings

Usually that is threat to extract Some substantial amounts from your family. Dont heed to his threat. File Case in Civil on Ground of Declaration. Rule of the law is that any person forcefully occupies a property against will of another and effected person doesn't make claim on the same within 12years . Person in Possession can seek Declaration from court as Property is his. Since Your Cousin raise Question after 15 years his claim will not Survive. For Further details contact any Advocates in this Forum for your relief

September 4, 2020
Advocate Suneel Moudgil
Panipat, Haryana

40 Client Ratings

you cannot raise any construction if there is an injunction on the property, ask your lawyer or share documents for a prompt revert

September 4, 2020