• Undivided property in village

Old big ruined idle home in village. Area 3000 Sqft. Out of four brother one brother is not willing to do the partition (Character & ego problem). But family staying on rent in same village, could not afford to buy new property and build home. Dont want to go in very long legal battle becz present stay problem.
1. Build home by taking own part away without any NOC. What would be implications?  
2. What is solution to avoid stay on construction if start by above point
3. Somehow construct small house and without problem want to go there
3. Is there any solution to get partition of property done as legal in short period?
4. Please suggest quick solution to get the partition done.
Asked 2 years ago in Property Law from Jaysingpur, Maharashtra
1. You can do but the unwilling brother may file partition suit and seek injunction on construction.
2. If the court refuses injunction then you can proceed with construction. There is no other way out.
3. start doing that.
4. Convince your brother so all of you can execute a deed of partition on consent and register it.
Devajyoti Barman
Advocate, Kolkata
5239 Answers
54 Consultations
4.9 on 5.0
1) if you start construction your brother will move court and obtain stay from court as construction carried out without his consent 

2)if court refuses to  grant stay you can carry on construction 

3)deed of partition or family settlement can be entered into among the 4 brothers 

4)if partition deed is entered into for division of house by metes and bounds you can start construction work
Ajay Sethi
Advocate, Mumbai
23328 Answers
1220 Consultations
5.0 on 5.0
Hello,
1) You can take your portion of the share and start construction. However your brother can bring about a stay order against the building of house and move a suit for partition.
2) If the court refuses to stay the building then your construction can continue.
3) If you move court for partition this may take a few years as your  brother will oppose the more and protract the proceedings.
4) Get your brother to consent for a partition or a family settlement.
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0
1. If the property is not devided and demarcated by metes and bounds, where will you construct your house?

2. The said part may be claimed by other brothers later on,

3. While constructing your house, the unwilling brother can obtain stay order from the Court,

4. Without partition deed or settlement deed by partitioning your share by metes and bounds, it is not advised to construct your house.
Krishna Kishore Ganguly
Advocate, Kolkata
12131 Answers
233 Consultations
5.0 on 5.0
Quick solution is only amicable settlement with your brothers and make a partition or settlement deed.  Other wise file partition suit against the brother who is not willing to do the partition as defendant and others are plaintiff. Fixing of share and portion of land is necessary .If property is not divided and demarcated by metes and bounds, where will you construct your house?

If you have a dare need have to construct a house in the property,

Construct a house in suitable place where future partition is not affected in your house portion. Face or defend if any case filed your brother against you legally.
Ajay N S
Advocate, Ernakulam
1916 Answers
19 Consultations
5.0 on 5.0

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