Property - bought a land of around 5000 sq feet in partnership
1 month ago
Hi,
I bought a land of around 5000 sq feet in partnership with a friend. He owns 1800 sq feet and I owned 4200 sq feet of land. We both gave our land to a builder for constructing a building of 3 floor. The builder took around 8 years but could not complete the construction work (only 1st two floors were completed) after which the possession of building was taken over by me. My friend got his share and started living in under construction building since last three years. Few of the occupants have also started living without complete payment of the room bought by them. I want to get the building work completed but few occupants along with my friend are against it and not letting me complete the building work, not paying the leftover amount and creating obstruction when I am trying to build my room.
A dispute arising out of a jointly owned property between the co-owners is resolved in case an aggrieved party files a civil suit for a declaration under Sec.34 of the Specific Relief Act, 1963 before the competent Civil Court seeking an injunction under Order 39 Rule 1 & 2 CPC read with Section 151 of CPC requesting the Court to exercise its inherent power to do justice in the Court. But, from the contents of your query, it appears that apart from the cause of civil suit, other violations of building rules also attract legal and penal actions once the matter is brought to the notice of concerned authorities. Nobody is permitted to occupy a residential flat until and unless a completion certificate and an occupancy certificate are issued by the Building Plan Approving authority on the application of the Builder informing the completion of an under-construction building to the concerned authority. So, besides a civil suit, you have to face legal consequences for violation of building rules which may come up even in the course of proceedings before the Civil Court. Reach out to an experienced property Lawyer for guidance and steps to navigate the disputes in the right way.
To address the situation, you can consider approaching the Civil Court. In this legal action, you may seek a mandatory direction from the court to compel the completion of the work by the relevant party. Additionally, you can request the court to order the recovery of any amounts owed to you.
Filing a case in the Civil Court will provide a legal avenue to resolve the dispute and seek a favorable outcome. It is recommended to consult with a legal professional to guide you through the process and ensure that your case is presented effectively in court.
You may approach the Civil Court seeking a mandatory direction to complete the work and to recover the amounts due by them.
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