Dear querist,

It is a well settled law that where an indefensible right of ownership of a property is established and recognised, the civic agency (MCD, in your case) can only vet plea for building sanction on their adherence to by-laws and rules.

And, if MCD is asking for signatures of the owners of the other portion, they are going ultra vires and in contravention of the various judgments of Delhi High Court.

So, you can file a suit for declaration injunction in court praying for grant of decree for permanent injunction and declaration ordering the Municipal Corporation of Delhi ( M.C.D.) to grant you NOC to construct more floors and

restraining them to cause any trouble for the same during or after the completion of construction .

Alternatively, you can also prefer a writ petition before high court seeking similar reliefs.

Feel free to call.

Regards.

You should enclose copy of judgment cited by you in support of your application for permission to carry on construction on your portion of property

2) mention that partition of house has been done and mutation done in name of respective owners

3) If application is rejected file writ petition in HC in this regard to direct DMC to grant you permission fir carrying on construction

Hello you can show the said judgements to the mcg officials. Or take the signatures of the said coowners. If do not understand as per the judgements, you can Contact the lawyer to file a declaration suit and can declare the said property in your name. For further discussion you can contact me.

1. It's not justifiable for MCD requiring you to obtain Signatures and consent of former co-owners when property is duly partitioned and mutated independently

2. The cases cited by you would fit in your case too

3. You need to issue a legal notice to MCD and wait for its response

4. If no response or if negative reply then file a Writ Petition in High Court

1. Your grandfather's property has been partitioned in to two parts by virtue of a court order in connection with the partition suit filed by two legal heirs of your late grandfather's said property.

2. The said partitioned portions have also been separately mutated in favour of the owners.

3. The above situation indicates that there is no co-owner of the said partitioned portions and each portions, so partitioned, are owned by two separate persons legally.

4. So, MCD can not ask for NOC or signature of the /title holder/owner of the other portion for carrying out construction of your portion since he is in no way connected with your portion of the property anymore.

You can file a Writ Petition against the illegal action of MCD before the High Court praying for an order upon the MCD to allow you to add further floors on your property based on the sanction plan without asking you to obtain signature from the title holder of any other demarcated portion of the property.

If you have a court order you can do that.

You say that the MCD authorities has asked you to obtain the signatures of the other owners also, did they give in writing about it?

You issues a legal notice demanding the approval on the basis of the referred judgments, if you still do not get any positive reply, you may drag them to court seeking mandatory injunction relief and direction to approve the building =plan approval relying on the facts of the case.

Does anyone know of concrete cases when MCD has sanctioned construction plans on partitioned and subdivided plots in south delhi?

If there is a provision in law to sanction the plan approval, they cannot refuse to sanction, if everything is alright.

You can approach court seeking direction to the authorities to sanction the same if they refuse to do it.

Dear Sir,

You may file a representation with the MCD for allowing the other portion owners to construct the property and pas the map plan. If they demand signature of other owners and consent of other owners, then you may file a writ petition in the high court of Delhi in view of decision quoted by you.

Regards,

Dear Cleint,

Partition order by court cannot be disputed, you are free to construct on your portion. And same has been very much clear by referred judgment, IF MCD is asking for others signature, Can file contempt.

Thing which may be coming into way, by partition, area of plot must be reduced and in building by laws, multiple floors are permitted acc. to area of plot.

So, acc. to whole area, such no. of multiple stories permissible but on reduced area, limitation shall be different,

Still asking for signatures is illegal, better file contempt.