• Objection raised by neighbour while construction of property in municipality

We are constructing the house after the demolishing the old house. Our neighbour has raised objection in municipality by stating that we have demolished her wall and the house plan was not approved by the respective municipality.The fact is that thay have illegaly constructed their almirah in our wall as the wall is of 20 inch . They dont have any wall on the side. The entire burden of the house is on our wall. They have stair case which have been enclined in to our wall. The neighbour's property is in dispute as after the death of their father and mother there is no partition have been made between the brothers and sisters. The two sister have raised objection in the municipality regarding this. The other brothers and sisters dont want to interfere with this. The application signed by only two sisters not by all. Is the application made to municipality by the two sisters is valid as it is not signed by all others.What are the remedies available to me and what are my rights regarding this?
Asked 7 years ago in Criminal Law
Religion: Hindu

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8 Answers

if the measurements of your site is as per the municipal khata and if you have taken the plan approved from the local competent authority, you need not to wary. Please furnish all that documents required to the municipal authority to show that you have a clear title over the property and you have taken building plan approval from the competent authority.

All the 4 members need not to file complaint to the municipal authority any one of them can file the same.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

1) 2 sisters are the legal heirs of the father and can raise objection before muncipial corporation

2) in your defence take the plea that construction has been carried on as per sanctioned plans . that you have demolished wall constructed by you

3)if you have not obtained sanction get your plans approved then carry on construction

4) contact a local lawyer

Ajay Sethi
Advocate, Mumbai
96808 Answers
7811 Consultations

You can file cross complaint against them in muncipality mentioning all the facts and issues. On the other hand, you can also file complaint in police station that they are deliberately intends to stop the work.

Last you can also file civil suit against them in court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

You may approach the civil court and seek injunction that they may be stopped from any interference.

Application by two of them is also maintainable, that is not an issue at all. You may also before filing the civil suit file an objection at the municipality.

Contact a local lawyer

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Hi

If the wall is your then you can construct or reconstruct it as you want , if you got any stay notices from municipality then go the court and get the orders of reconstruction from the court by filing a suit for permanent injunction over the stay notice of municipality.

Hope I am helpful.

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Hi, since only A compalaint is made until now , so you can carry on with the work .. If any civil suit is filed against construction, you can approach court with necessary documents..

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

If you receive notice from the municipality you may give a reply notice challenging their allegations and seek proof of their property.

You have to concentrate on your own relief and should not interfere in their matter.

You secure your documents and make sure that you have acted legally while demolishing your own wall.

You can challenge them in the court of law also if this issue stretches to court.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

You could continue with the construction until your receive any notice prohibiting you from erecting the constructions anymore.

There is no problem, because merely giving a notice against you in the Municipality is not something that is affecting you.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

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