Illegal Construction and Possession.
28 Oct 2013, 19:01
My uncle is having complete(whole) possession of our co-owned residential property. He has done illegal construction(a house) on the open land of the premises and done a partition without the consent of other co-owners. He has also regularized this new building in the municipal corporation office.
He is not letting me enter and use the premises.
What legal action can I take against my uncle, can I sue him for cheating, illegal construction and possession?
Thanks
4 Replies
Mr. Manan,
u have to file immediately suit for declaration, partition and permanent injunction against ur uncle. before this collect documents relating to ur co-ownership of the property etc. Take action immediately otherwise law of limitation may bar u claiming relief.
Payal Jain(Advocate)
09868045019
Ms.Payal,
Thank you for the useful advice. I have thought to consult a lawyer over the next fortnight and file a lawsuit soon.
Could I get the right to residence in the property by the means of partition?
Thanks.
Dear Manan,
I will suggest you to file a suit for partition of the property as all of the co-owners can file a suit for partition. A partition deed for the property has to be executed to divide a property. A partition is a division of a property held jointly by several persons, so that each person gets a share and becomes the owner of the share allotted to him. It is done by dividing the property according to the shares to which each of the parties is entitled to in law as applicable to them.If a co-owner is deprived of his property, he has a right to be put back in possession. Such a co-owner has an interest in every portion of the property and has a right irrespective of his quantity of share, to be in possession jointly with others.
Section 44 of the Transfer of Property Act, 1882, deals with transfers by one co-owner.The title deeds and the documents if any relating to cause of action are needed to file a partition. If there is an issue of title deed and documents that are with your uncle, and is not willing to part with you or give a photocopy of the same, then the documents can be demanded through notice either before or after filing of the suit. As he has done illegal construction (a house) on the open land of the premises, you can file a case for injunction in the court of law having proper jurisdiction. He has no right to prevent you from letting you in and use the premises.Get an expert to guide you through the entire process.
Dear Madam,
Thank you very much for the informative reply. I have consulted an advocate working on the matter. Planning to file a partition suit soon.
Thanks