1)you should also extend are of your room in ground floor
2) in the alternative enter into deed of family settlement for division of property by metes and bounds
Construction in Property without conscent
My house is co-owned by my brother. It is a free hold property in Varanasi. My brother lives on first floor with his family & I life on Ground Floor. I wend out of town for 10 days and upon my return I saw that my brother has done construction on flist floor of his room, which he has got extended towards outside (increased carpet area) which is blocking sunlight & air in window of my room which is on the ground floor. This construction was without my knowledge. Upon my objections, he is threatening to go for a property split. Kindly advise.
Asked 7 years ago in Property Law
Religion: Hindu
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7 Answers
Dear Concerned,
If this is a house of joint ownership there is no harm in splitting the property - also if this construction is illegal and your house falls under municipal / development area - you may choose to complain to the authority about such illegal construction .
Best of Luck
1. It is illegal to construct or extend a room without the approval of construction plan by the local municipal corporation.
2. Lodge a complaint before the local municipal corporation and also the police for making the said illegal construction which is blocking sunlight and air flow to your room.
3. If no remedial action like demolishing the said construction is taken by the Municipality, file a Writ Petition before the High Court against the inaction of local Municipal corporation seeking relief.
Thank you for the answer. In my case, the property is in a prime location. If I go for a property legal split: 1. Should I go for floor wise split or area wise split? 2. My Brother has caused many problems in past too, so even in Floor wise split he might again start some construction or cause us problems (We want complete separation from him). 3. Since currently we are living on different floors, going for an area wise split would mean complete re-building of the structure which will be a huge cost. 4. If I take an stay order from the court for the construction he is doing (increasing carpet area on his floor), and also file a request for property split, is there any way he could still continue with the construction? 5. Someone advised me about going through court and not through development authority as the authorities will first want to make money of this situation. Please Advise.
Asked 7 years ago
1)floor wise split would be better but the area should be equal in both the floors
2) if court grants stay brother cannot carry on additional constructoion on the floor in his possession
3) file suit for partition at the earliest
1. You should get the property partitioned.
2. The partition will be based on value of the area allotted to each brother. It can not be floor wise since the might not have equal floor space. Moreover, 1st floor might be costlier than the 2nd floor in your area or vise versa
3. Once partition is made considered value of the area allotted, it can be mentioned in the deed that no one can unilaterally make any construction or extension of his allotted area which will frustrate the theory of equal value for partition based on which your partition will be made.
4. Meantime you might obtain a stay order from the Court restraining him in continuing the said construction.
5. If he continues the construction despite being restrained by the stay order, lodge a police complaint immediately and file a contempt petition before the Court immediately.
A civil injury is any damage done to person or property that is precipitated by a breach of contract, Negligence, or breach of duty. The law of torts provides remedies for injury caused by negligent or intentional acts. An accidental injury is an injury to the body caused unintentionally.
The act of your brother can be termed as civil injury to you. A civil injury is any damage done to person or property that is precipitated by a breach of contract, Negligence, or breach of duty. The law of torts provides remedies for injury caused by negligent or intentional acts.
You can initiate civil law suit against him seeking remedy and compensation for the losses he has caused to you. A civil lawsuit is the court-based process through which Person A can seek to hold Person B liable for some type of wrong. Usually, if Person A is successful, he or she will be awarded compensation for the harm that resulted from Person B's action or inaction.
1. If the house property is jointly owned by you both and if it is no more feasible for you both to continue with the joint possession, you may go for an amicable partition with proper division demarcating each other's area as per agreement conditions between you both. If he is not willing for this arrangement, then you may file a partition suit seeking proper partition, after which let the court decide about partitioning the property as per law.
2. You can make your pleadings in such a way that he cannot disturb the possession and enjoyment of your share of property.
3. You have to first see how and on what basis this property was purchased and re-constructed thereon. You can discuss all these matter during trial proceedings before court.
4. If he is constructing or continuing with his such activities despite court injunction order, he can booked for contempt of court too.
5. Court will be appropriate forum to seek justice.