• Demolition drive of Municipal Corporation

The plot was purchased by my mother’s uncle (my grand-mother’s elder brother) who had no children. After his demise with out a will, his wife devolved on the property in her name. She under the ordeal adopted (not legally) her Sister’s adult son when she suffered from paralytic attack and lost her right side. To support her financial need and to get a moral support she approached my father through some intermediary to sell the house to us as we too are in search of purchasing one.
In 1980 she sold the house to my father. The house in question share the common wall with her house and a common boundary wall. After her demise, her so called adopted son took over the property and sold many houses which falls behind the house he stayed claiming the lady had devolved entire property upon him. During her life time we too took care of the lady daily in the absence of her adopted son’s absence.
The started giving trouble to us in some or other way and the local lawyer told us that our mother too is a legal heir of the deceased and since then the property is under litigation. After the demise of her adopted son his wife took over the entire property.
The local Muncipal Corporation recently razed the common boundry wall of the compound without serving notice to us even after out objection. The reason given by the corporation is they are on demolition drive for road widening purpose and sought the permission from the builder who purchased the land. They are about to raze part of the house and land which falls aside the road. Since locals came for our rescue, they stopped demolition work.
After few days they sent seven day notice to surrender the part of the land and building to road widening project under Karnataka Town & country Planning Act which only contains development rights of notional land and not a monetary compensation. The notice does not bear any No. nor designation of the person who signed the notice. It is come to our notice that the municipality has only served notice on us & none and not started any kind of demolition work from the starting point of the road. The road they wanted to widen only consists of Residential building and individual houses apart from countable small shops hardly 5-6 in numbers.
The builder approached us few days before demolition, he wanted to build a residential complex and offered 900 sq.ft. flat for fogoing our house with out any monitory benefit. After we rejected his plea, the Muncipal Corporation went on demolition drive which we feel part of the conspiracy to agree to his term. agree to his term. My question are as follows.
1.	Does my mother has right over the property of her aunt?
2.	Can the Window, wife of adopted son, is right in selling or carrying developmental activities even after the property is under litigation?
3.	What is remedy if we does not want to surrender the land and building of our house to the Muncipal Corporation?
4.	Can builder raze the house & build a residential complex?
Asked 4 years ago in Property Law
Religion: Hindu

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4 Answers

1) in event aunt died intestate your mother is one of the legal heirs

2) widow cannot sell the land without your consent

3) adoption is not valid as adult person cannot be adopted unless there is custom in your community

4) seek stay order restraining builder from demolition of house and carrying on construction

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

in case of inheritance from husband, which is applicable only in case of a married lady, the property shall be passed only to the heirs of the husband.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

Dear Sir

Please take stay order. Adoption illegal

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. See since there is son the mother doesnot have any right but since the adoption can be challenged then mother would be the legal heir.

2. If there is no stay from the court they can sell the property even under litigation.

3. File a writ petition before the high court and bring a stay in your favour against municipal corporation.

4. No you are in peaceful possession of the house without eviction or court order he cannot.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

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