Dear client,
It is a trespass and ur brother in law has no Right to erect ur property which is in ur ancestral property. Engage a lawyer and send the legal notice to ur brother in law. U have all the Right to access ur space.
House building partition
I am a Muslim women. Can my brother in law erect a partition wall in our ancestral house (got by succession) advancing up/crossing the line of our dwelling room's carpet area in the varandah just across the line of said room's entry exit door frame. At the same time also obstructing our access into the joint ancestral wash cum toilet which is on the opposite side of the partition. With me & my adult children not told about the same while my husband was part of it who is v.weak to uphold our rights & needs.
Asked 6 years ago in Property Law
Religion: Muslim
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14 Answers
I am a Muslim women.Actually my Question is, Can my brother in law erect a partition wall which encroaches in our territory, almost grazing our bedroom door frame, in their ancestral house,they got by succession (of whom my brother in law is 1 of the two legal heirs,the other being my husband) for his & his family's advantage? & Obstruct/ prevent Us from using the only functional toilet in our household ? while taking my husband in their confidence (who never has courage to do justice to Us). Can they do it keeping Us my adult children &me completely in the dark? Taking away our normal household, human rights(natures call)?
Asked 6 years ago
What are the measures to take while making a partition of a Muslim household got by succession, between two brothers, the building being 2storey with bedrooms, (toilet, washroom shared by both brothers), (storerooms with many movable ancestral property), & staircases all in1side,where one brother stays with family . & the other side,only with 2bedrooms where the other brother stays. With a common varandah. With a common courtyard i.e.open area, with surrounding tin sheded tile shaded concrete rooms and 1pond & many trees enclosed with a boundary wall with 2-3 doors.
Asked 6 years ago
1. It is not clear how many co sharers have share in the said undivided house.
2. All the co sharers have only right to occupy that area which falls within their due share.
3. So any excess possession beyond their share is not permissible and liable for eviction.
4. Now if your BIL tries encroach upon your area you can seek legal redress.
5. In the legal recourse to end the dispute once and for all your husband should file a suit for partition to declare share of each co shearer and to get physical division of each share. He can seek injunction in the meantime.
Since your husband has agreed to partition your brother in law can erect partition wall
2) your husband has to object to partition wall being constructed
3) if there is only one common toilet file suit and seek injunction restraining erecting of common wall
If there is only one common toilet in house your brother in law cannot erect any wall in the house obstructing your access to the toilet
Since it is your matrimonial home you should file suit and seek stay order against erecting common toilet
Contact a local lawyer and issueclegal notice to brother in law not to erect any partition wall in the property
A in junction suit against building the wall has to be filed by your husband since he is the cosharer in the property he recived .
Fir thee there is no concept of ancestral property in muslim law so the husband and brother only have right over it.
Further in case the husband has agreed to the said partition nothing much can be done as you and your children donot have any right over the property. So the best course in the situation is to take husband in confidece and challange same.
Further check if there is any written partition and demarcation of the property.
The party should be by meats and bond both brothers should receive equal partion so that they are vale to enjoy the property equally.
You need to file a civil suit for stay of construction immediately on the ground of partition and easement and arrange stay and status quo order from the court.
Your brother-in-Law has no rights to erect a partition without consent of you and your husband without an order from a competent civil court. You can always complain before the local police authorities. Moreover, you can file a suit for partition before a civil court for proper declaration of your share and partition thereof.
1. the wall cannot be constructed without permission of the municipal corporation or local body
2. complain to the local body against the unauthorised construction
3. the house has to be partitioned first by demarcating the boundaries and only then the wall can be constructed
4. you will have to file a civil suit
5. for now write to the local body and police
If your husband is the shareholder of the property, then he may have to raise this issue with the concerned person.
Before that whether there was any proper partition in the house property by mutual agreement or through a court of law?
If not then you can approach court for a proper partition and separate possession of share of each individual.
In the meantime you may obtain an order of injunction restraining the defendants from interfering in your possession and enjoyment of the property in your possession till the disposal of the main suit as an interim relief.
If there is no proper partition done then you cannot claim the proeprty now you reside as your share in the property, hence better first file a partition suit and an injunction suit as advised in my previous post and seek relief through court of law.
What all needed to be considered or what aspects to be covered during partition shall be notified by court once you file a partition suit instead of fighting with each other over such issues.
You may ask your husband to file a suit immediately and then seek an injunction against the defendants from preventing your easement rights.