Ancestral Property suit for partition
1 month ago
Dear sir,
I am in a possession of a portion of area of the suit property. My problem is that the portion of area where currently I am living is dilapidated and my fall any time as the construction is 60 years old. It is very risky to reside there. I have done structural audit of the building and survey was conducted by municipality. After the survey I got a letter from municipality agreeing that building is dilapidated and told me to conduct structural audit and submit the report to municipality for getting permission for demolition. Now the question is can I get permission of court to constrcut house over there as I do not have any other alternative but to live there. There are total 5 co-owners of the suit property including me but only three have possession including me. My uncle who is residing in other city filed suit for partition in local court demanding his share in the suit property. The local court passed decree in my uncle's favour and ordered appointment of commissioner for partition of the suit property. But one of the co owner appealed against the decree in the dist. court and obtained stay order. The case is pending with dist.court for six years as my uncle who is 85 years old not able to fight the case due to my aunt's ill health. I have also file an application seeking courts permission to constrcut house over the area which is in my possession as it takes years to pass partition decree. The area which is in my possession is less than my actual share in the suit property. Can I get courts permission to construct house based on my structural audit report and municipality survey report. Please guide me.
While the property is undergoing litigation in the District Court, if the Municipal Authority advises a structural audit due to safety concerns regarding a dilapidated building, the Court is unlikely to grant permission for reconstruction or renovation. Instead, an interim order for demolition based on the audit and survey reports may be issued. Demolishing an old building for safety reasons does not alter the property's classification or character.
When the suit property is sub-judice or pending before the District Court and the instructions/recommendation of the Municipal Authority in place advising structural audit of the dilapidated building which is unsafe for the residents of the building and others around, your appeal before the Court for permission of reconstruction or renovation shall not be allowed and based on structural audit report and municipality survey report passing of an interim order from the Court recommending the demolition of the dilapidated building may not be ruled out. The demolition of an old building erected on the land considering the safety point of view does not affect or change the class or character of the suit property.
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