Notice from municipality illegal construction Notice from municipality illegal construction

3 months ago

The whole property(land) is under the name of my grandmother ( father's side) she had three children, my dad his elder brother and elder sister. When my grandma was alive she gave us permission to construct a proper house with concrete roof and we did so but sadly she died before we could complete the walls, now that she is no more the property needs to be divided and the elder brother is not willing to give the deserving portion of the land, upon denial of land distribution on such circumstances he had filed a complaint to municipality that we have done an illegal construction, what should we do now!?
How do we complete the house without getting legally involved ( roof is there already)

Anik

Responded 3 months ago

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A.Dear Client,
Navigating a situation like this requires a careful approach. First, gather all relevant documents, including any permission or agreement from your grandmother regarding the construction. Try to engage in open communication with your elder brother to find an amicable resolution, perhaps through mediation or family discussions. If that proves challenging, consulting with a local mediator or community leader might help facilitate a compromise. Alternatively, consider seeking legal advice to understand your rights regarding the property division. If the roof is already constructed, focusing on completing the walls without legal involvement could be an option, but it's essential to ensure you're not violating any municipal regulations. Keep records of your communication and any steps taken, as they may be useful if legal intervention becomes necessary.
Thankyou
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
After the demise of your grandmother, all the surviving legal heirs are entitled to an equal share in the said intestate property, and in the absence of a decree in a partition suit, legal heirs cannot get their share in the property, and in the absence of a partition deed, the legal heirs cannot erect or construct a building in a land that belongs to other legal heirs. If the building is constructed in compliance with the approved building plan, the Municipality has no role to play in the partition of land because approval for construction of building was accorded on the basis of the appeal of its owner, i.e, your deceased grandmother who was alive then. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear sir
After the death of parents you the children will get equal share. Your mother cannot legally permit you too construct on whole land. File a partition suit and claim your share.
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