Construction by a co owner without partition Construction by a co owner without partition

7 months ago

Sir I have bought a land with other 10persons. Verbally we made partition and all other co owner have already bulit house. Now when I start construction in my portion the neighbour (who is also a co owner and have already built his house) raise objection and filled a partition suit to stop my construction. Sir please advise me on how to deal with this issue?

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
At the time of purchase of the land, you need to satisfy yourself as regards the status of the property, especially in the case of undivided property. A seller can not even sell his share in the undivided property without a deed of partition executed following the order passed in a partition suit. A verbal arrangement for the partition of land is not enforceable under the relevant law in the absence of a decree or order of partition passed by a competent court of law. Now all the co-owners of the said land including the petition of the partition suit have to face the legal consequences that may adversely affect both constructed and under-construction buildings erected in the said land. Reach out to an Advocate for suitable guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
Such suit cannot be filed since everybody is having definite share. You may approach the court and get appropriate order.
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Kishan Dutt Kalaskar

Responded 7 months ago

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A.Dear Sir,
Such suit cannot be filed since everybody is having definite share. You may approach the court and get appropriate order.
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