What is the need of demolition, construction is on your land , have complete claim on it. Builder have to approach court for demolition so that material can be used for other site. Without court order demolition will be criminal offence.
Construction on undivided share / without consent of cosharer / without valid sale deed - effects
If a builder who has purchased by way of registered sale-deed, of a open plot (entire) from one of the co-sharer i.e. legal heir (knowing well that the said open plot has other co-sharer and the said property is still undivided) behind the back of other co-sharer, has carried out construction on said property without the consent of the other legal heirs, which is almost and about to complete. The partition suit is pending and the constuction is carried out while and when ever there was no stay from court. my question. : if i succeed in my partition suit and if the sale deed is declared is null and void and not binding either on me or on my share then........whether court can pass the order to demolish the construction, standing on my share, (the said prayer is made in my prayer clause) I will also be thankful to you, if your reply is supported by any citations of higher court. Regards
Asked 6 years ago in Civil Law
10 Answers
If you have not sold your share than builder can't construct building on your plot. He has to keep plot empty, you can take injunction from high court and stop the construction and take your share plot or you can right now also put compound on your share and take possession.
court can pass orders to demolish construction done on your share of land
builder had no business to carry on construction on your share of land when you had not. Sold your share
1. if the area on which the constructions is built does not exceed the admitted share of the co sharer who has sold this to the developer then his sale would not be declared as null and void.
2. However at the time of final decree if the are very which the constructions is built upon is allotted to other co sharer then the developer would be responsible to make demolition of the constructions to handover the vacant land to the allottee or to bear the costs of it.
3. There is no legal impermeability in selling undivided share by a co sharer.
Yes court can pass demolision of construction from your part.
If you have made removal of construction from your land is issue in the plaint.
Definitely court on application for demolishing the construction may order to this effect.
No structure can't be demolished on the ground that no consent taken from the co owner.
There is no need for any citation because it is law that to purchase un-divided property or un-partitioned property , the sale deed shall be void ib initio if challeged so challenge it immediately (Sale deed) by way of a seperate suit or amend your plaint in the present running suit.
Yes you need to move that prayer before court for demolition of the same.
In the case of where your partition suit has been allowed by court and passes judgment and decree allotting you with your respective share by metes and bounds and good and bad soil, and also has passed a judgment nullifying of cancelling the subsequent sale deed, then you may file an execution petition seeking to execute the decree in your favor and if it is not feasible to divide the property due to the existing structures in the plot, you may pray for identifying your share in the property and also to demolish the structure constructed in the share of the property allotted to you by court.
It depends on how you file the execution petition with the prayers suiting to your circumstances after obtaining the decree in your favor.
