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Q. Shop owned by 2

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Anonymous

posted 1 month ago

question iconShop owned by 2

Hello, one shop we have and it is in name of two brothers A and B. Brother A is having original property paper. If Brother A give the photocopy of documents to Brother B. And incase in future if Brother B construct something in half of the shop then can Brother A stop the construction inside the shop. Can brother A stop the renovation or damage to the wall of the shop

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Kishan Dutt Kalaskar Retired Judge

Kishan Dutt Kalaskar Retired Judge

Responded 1 month ago

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A.Dear Sir,
Anything can happen at any time provided you get appropriate Court orders by filing appropriate suit.

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Anik

Anik

Responded 1 month ago

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A.Dear Client,
As you said both the property is in name of both brother so they are joint owner of the property and have equal share in that property. If B construct something in his sare of property which will not affect A's Part then B can go ahead with the construction on his own will.
Thank You

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Advocate Sinjari  Bandyopadhyaya

Advocate Sinjari Bandyopadhyaya

Responded 1 month ago

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A.As long as that shop remains undivided, then in case of any construction work therein, co-owner's permission is required. So brother A can stop the renovation work done by brother B if it is damaging for the brother A's portion of that shop. If after giving notice of stop construction,that problem will not be resolved,then Civil Suit for injunction has to be filed.

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