• Construction within a boundary walls of house in a disputed land

I have house on my father's land. land is on father's name but electricity meter is on my name.

Total land is ancestral. my father is living with my brother and they have convinced him to give complete land to him and i have filed court case against that.
Simultaneously my father's sister has filed a case against her property rights as she had her name in the vasiyat of my grandfather. She have done this in my support as she knows my father is doing wrong. She has put stay on whole land so that he can not sell the land.

Now problem is that while all this is going on, my toilet broke down and so I got permission to construct the toilet from court. since toilets location is on the other side of the house from my room. I made a wall joing my room to toilets so that whole thing is joined and inside a single door and I no longer have to go out of the home for toilet in the night as me and my wife are living alone here in village and I am a retired old person. area within this wall i am planning to use as living room

And all of this construction is within the boundary wall of my house which is already existing from 25 years.

now my brother has gone to court claiming that i have constructed more rooms than permitted by court. what should I do? my local advocate is advising to go to high court as he is expecting court to give decision against me.
Asked 8 years ago in Property Law
Religion: Hindu

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3 Answers

1. Since the land is notpartitioned as yet you can make new construction.Here the construction is old so nothing to worry.

2.Until and unless the court passes final decree of partition neither of yours land is demarcated and ehcne your brother shall not get any relief fromcourt.

3. If at the time of final decree it is found that you are in your possession more space than you are entitled to then you will have to compensate.

4.But beofre that you have nothing to worry and enjoy as the space as before.

Devajyoti Barman
Advocate, Kolkata
23653 Answers
537 Consultations

1) since matter is sub judice wait for court orders on your brother application

2) then only file appeal against court orders

3) HC would not entertain your writ at this stage as case is already pending in lower courts

Ajay Sethi
Advocate, Mumbai
99782 Answers
8145 Consultations

You said that you have taken permission to repair toilet whereas you have constructed additional structure which is not permissible during pendency of litigation.

However you don't admit his allegations and fight it out properly till the end.

If the decision is against you then analysing pros and cons of the judgement you can plan to file appeal.

T Kalaiselvan
Advocate, Vellore
89984 Answers
2492 Consultations

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