Hii, since the property is not partitioned they may object in the construction .. It is suggested to get it partitioned by oral settlement outside the court , and renovate your share of property .. Settlement like these are better to carry outside the court, as court proceedings may take long period ..
Issues in renovation of ancestral property
I have an ancestral property in my home town, The house was built by my great grandfather. He has three children's, My grandfather and two brothers. All of them are no more, only their children's are alive. There are 10 successors, live as of now. Issue : The building is getting worse day by day as there was no body to look over it for the past 15 years, after the demise of my grandfather. It was left unused all these days. Now all the successors are ok to renovate the building, except two. The two wants to sell the property and take their part. Majority of the people wants to renovate it, sell the wooden scarp put additional money and complete it. Can we proceed ignoring them, If at all what they can do?, can they stop us legally?. what precautionary measures do we have to take?. Points to be noted : 1. The land patta has been transferred from my great grandfather to his children's name ( i.e my grandfathers and in his two brothers name). 2. The house has not been partitioned yet. 3. During some time back my grandfather has got a stay order to sell the property or alter it. Now we are going to clear the damaged portion and make the place in a livable condition. i.e instead of wooden portion we are going to cover it with asbestos sheets. Kind advice required.
Asked 8 years ago in Property Law
Religion: Hindu
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
4 Answers
If they would really want you to stop then they can file a suit for separation and can get an order of status quo.
You may file a caveat beforehand so that no order is passed ex parte.
Please contact a local lawyer for the same.
Regards
1) you can offer to purchase the share of 2 legal heirs who want to sell the property
2)for renovation of property you need consent of all legal heirs
3) if they refuse to give consent apply for and obtain court permission to repair the property
You can do one thing that with the consent and cooperation of all those who want the renovation work to be carried out, may go ahead with proposed work ignoring the objections of the protestors.
Let them go to the court with an injunction suit, you can file an application as a counter to their case stating that you along with the majority members have started this work on good faith for the purpose of saving the structure from getting demolished which is in a dilapidated condition and posing threats to the inhabitants.
The court should be convinced about your proposed act to be done on good faith.
Let the court decide to allow you to proceed with your proposed renovation work or grant a stay after which you may plan to file a partition suit which will evoke positive response from all quarters.
