Our ancestral property is partitioned by a common wall. One part of the property is given to my dad (who is no more), and the other property to his elder brother. There is a will which states that in case if our side share has to be sold, constructed etc we have to take the permission of my uncle. But the same is not mentioned for them. So now we are stuck. because of will we are not able to do anything. They are having plans to mostly demolish their portion and re-construct. Can we get a stay order when they start construction, so that we can get a No objection letter for selling or constructing on our portion? We want to use the stay order as a bargaining chip.
Also I don't know if my father has given NOC for them. In case if he is given, are there any chances of me again getting a stay order for stopping the constructions.
Asked 4 years ago in Property Law from Bangalore, Karnataka
1. Unless such constructions encroach your area and cause obstruction to passing of nature air and light , you could do nothing.
2. A s far as bar on free construction on your part is concerned, such clause has no legal force and you can make constitutions in your area at your few will and wish.
No NOC is required for constitutions on your portion.
1) no stay would be granted . construction is being carried out by your uncle on their share of property separated by common wall .
2) you can also carry out redevelopment on your portion too after obtaining prior approvals of your building plans from muncipial corporation .
Who made the will, not surely your father. You can not stop the other side and the same is for you. You also can construct in your portion.