Me and my brother are equal owners of our residential (undivided) property. I live on the first Floor, and my brother lives on Ground Floor. I wanted to extend my first floor room in the open area (side setback), which I got constructed when my brother was out of town for a week. Now, I am getting my whole first floor area renovated with huge internal construction work. Upon observing the additional construction done by me in the side setback my brother has filed a case for partition of the whole property, and has asked for a stay order on all my ongoing construction on my (1st) floor. How could I avoid stay order so that I could continue my construction and interior work and is there a way I could delay the partition of the house as I plan to get my daughter married in next 3 years.
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Suit for partition take 15 years to be disposed of
2) oppose grant of stay
3) take the plea that brother is in possession of ground floor and no construction is being carried ion the said floor
4) renovation is being done of first floor only which is in your possession
1. In partition suit it is wels settled that no injunction can be sought for on constructions made by the other co sharer provided the area does not exceed his sahre.
2. So oppose the injunction petition in court. I am sure your brother would be unsuccessful to get the stay order.
3. partition sit takes lot of time So 3 years is nothing in a partition suit.Relax on this account.
How could I avoid stay order so that I could continue my construction and interior work and is there a way I could delay the partition of the house as I plan to get my daughter married in next 3 years.
If you want to avoid the litigation, you may have to come down and talk to your brother.
You both can have a meeting on this subject in the presence of some elders who are common to both and arrive at a compromise situation with amicably agreed conditions.
Other than this, if you would like to contest his case, you may not be able to proceed with the proposed renovation work or have a peaceful life especially if he is trying to obtain stay order or injunction agaisnt your construction, you may not be able to tide over the crisis.
you should challenge stay order because construction was done on your part and you have right to construct. you have to prove that you have right to construct and no prejudice will be caused to your brother.
Respected Lawyers, The issue in this case is that the construction which I have done is not approved by the authority. I have got one room of the first floor extended towards the open area of the house which probably voilates the side set back. My brother has also made complaint to the development authority regarding the same and filed a case in court for split asking for vertical split and stay on further construction. Since I had already submitted a caveat in court for this property, I have got date for hearing before any decision on stay order. How could I avoid the stay order in this hearing and counter the complaint logged by my brother for illegal construction?
1) apply to development authority for regularisation of the unauthorised construction carried on by you on the first floor
2) oppose vertical split and take the plea that division can be done floor wise .
Since you have already filed a caveat petition, the court will not pass any order to stay the ongoing construction work without hearing your side.
As I said earlier, if you would like to contest the case, then you may not be able to proceed with the renovation work.
no doubt in the absence of any stay order, there is no restriction to proceed with the construction work but since you have not obtained proper permission from the local civic body or plan approval, this may hinder your process and the civic body may pass order to seal the building after which you have to run behind the authorities to break the seal.
Instead of messing up the things and also further complicating the things, it is always better to try for reconciliation with your brother and arrive at an amicable situation favorable to both the sides.
This will save your interests in the property and lot of money by avoiding the damages and litigation expenses.