• Illegal constructions of shops on commercial road

We have a joint property which is yet to be divided among all stake holders of third generation. About 6/7 years ago we have constructed few shops with general consensus among all stake holders. No permission was obtained by any legal authority to construct shops. One of the stake holder is extending construction inwards. 
1. How to demolish the construction.
2. Can stake holder enter into an rent agreement with third party.
3. Can any stake holder object other stake holder if yes than on what ground.
4. What all other objection can to made.
Asked 7 years ago in Property Law
Religion: Hindu

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4 Answers

Complain to municipal corporation against illegal construction

2) however please note that in such case all construction made in said land would be demolished

3) file suit for partition for division of property by metes and bounds

4) seek injunction restraining sale, creating third party rights on property by stake holder

Ajay Sethi
Advocate, Mumbai
96803 Answers
7810 Consultations

1. What do you mean by 'inwards'? If the construction has trespassed into the share/property of someone else then he can demolish it by filing a complaint to police. A suit for mandatory injunction can be filed to seek orders to the trespasser to demolish his construction. However, if the property is yet to be divided then no heir can claim to be the owner of a specific portion of the property.

2. No heir can enter into an agreement of rent with a third party without the consent of all other heirs if the property is undivided.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1. First file a partition suit and in that you may seek injunction agaisnt the person who is trying to construct illegal structures.

2. Stake holder is just oral, the original title holder can only enter into any rental agreement.

3. Yes, the other stake holder can very well object to such activities which are affecting the interests of other stake holders.

4. create obstacles or even approach court for obtaining stay order.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

Ways to resolve the issue amicably.

File a partition suit and seek separate possession of your rightful and legitimate share to solve the issue legally or all of you can have meeting and arrive at an unanimous decision agreed by all.

T Kalaiselvan
Advocate, Vellore
87004 Answers
2335 Consultations

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