Archived forum thread. This discussion is preserved for posterity from the Legally India Topical forum and is no longer active.

dispute in joint account property

swathiganeshnayak 26 Nov 2013, 17:55

Hi,

As my father and uncle together bought one property and registered under their name. later my uncle expired and his son/daughter started to torture us and ask us to move out from property. Even though we have legal right on the property to peace of mind we moved out of that and went for a rented house. Now they started to renovate the house and started to construct the new building under same premises without our permission. As a co owner of the property how we can stop the construction work and put stay on construction work and devide the property into two equal halves.what are section athtw ill related to this. Please help me out to fix this issue as soon as possible.

Please guide us how to proceede and your assistance will be great helpful for me.

thanks in advance.

SWATHI

+91 9035803809

1 Reply

Rutumbhara.Advocate 8 Jan 2014, 12:07

Your father is the co-owner in the property and registration also done under their name first you have to understand what is the right of Ownership and what it contains, basically ownership imports three essential rights, namely right to possession, right to enjoy and right to dispose of if an owner is wrongly deprived of possession of his property, he has a right to be put in possession thereof. All the three essentials are satisfied in the case of co-owner of a land. All co-owners have equal rights and co-ordinate interest in the property, though their shares may be either fixed or indeterminate. Every co-owner has a right to enjoyment and possession equal to that.[See Abhey Singh v. Gian Singh and Ors. 1971 JKLR 326]

wherein a Single Bench of this Court held that a co-sharer has no right to built on a joint property without the consent of other co-sharer.

[See:Harendra Nath Ghosh & Ors. vs Subodh Kumar Ghosh & Ors. on 17 February, 2000] in this case also Court discussed the rights of Co-owner and said that a co-owner without taking consent of other co-owner cannot make any construction over any portion of the property in excess of his share or with the object to embarrass any other co-owner or to hinder any effective partition or to diminish the value of the joint property, even if such construction is within his share. If a co-owner makes any construction with the above motive, the other co-sharer is entitled to get an order of injunction restraining such a wrong doer from doing such wrongful act.

So in this case I suggest you contact a good lawyer who will be able to handle your complaint competently and effectively. I would suggest you to consult an expert in this regard. […]