• Building construction near boundary wall

Today is 30 th May 2020. Below mentioned serial numbers are my problems. 
( 1) That I have two neighbours with the same boundary wall with whom Iam sharing my boundary wall half-half with both the neighbours. 
(2) That out of two neighbours with whom Iam sharing half - half my boundary wall , the first neighbour has not given any objection in regard to building construction of mine that goes closely with the boundary wall.
(3) The second neighbour with whom Iam again sharing my half boundary wall has objected to it. After thorough discussion in presence of colony village head ( Gaon Bura ) we came to conclusion that they will also construct their building that will not leave any space in between and will be adjacent to my building. We signed it on a stamp paper. 
(4) Now if my neighbour sell their plot of land to another party in future without showing them the agreement ....then whether I will face court cases for the same in future ??? 
(5) Since my first neighbour has not objected to my construction till date...so whether they can object in future after my construction is done ??? If they also sell their plot of land to another party ...then whether they will harrase me in court issues after the 
construction is done ? 
(6) Please suggest me something good so that I can avoid court cases in future ....
Asked 5 years ago in Property Law
Religion: Hindu

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17 Answers

In any case where you are saying about your boundry wall  then your neighbours definitely if you are going for construction under construction are any other new neighbour appears after the sale of the property then you have to get the legal conflict while making any construction.

you need to settle down all the conflicts and make it properly documented so that in future in case you have any legal case then you can produce the document it could be with anybody it does not depend that you have any matrimonial issue

Vimlesh Prasad Mishra
Advocate, Lucknow
6851 Answers
23 Consultations

You need court orders for recovery of maintenance amount ordered by court from joint bank account of husband 

 

if maintenance is not paid you can take out execution proceedings 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

Obtain court orders for sole custody of your hold 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

You need husband consent for child to be adopted by second husband 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

For carrying on construction of boundary wall you need consent of municipal corporation 

 

if it is located in village you need permission from gram panchayat 

 

carry on construction as per sanctioned plans only 

Ajay Sethi
Advocate, Mumbai
99776 Answers
8145 Consultations

- As per law , your neighbour has right to do construction without touching your boundary line. 

- Since, the common wall is having joint space of both the parties , hence the said neighbour cannot restrained you from doing construction over the line on your part. 

- No,the new purchaser can create any problem for you , because you have not trespassed the boundary line.

- Further , the said agreement dully executed by you and your neighbour will also solve the issue as well. 

- Yes, you can get the alimony from the joint account of husband after filing a case before the court , otherwise bank will never allow you take amount from the account of your husband during his life. time. 

-  No, a mentally sick person can claim custody of child legally. 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You keep one copy of registered agreement with you for the future safeguard in case ypur neighbor sells the property. 

File a child custody case for permanent custody of your child. 

In future your present husband cannot claim the custody. 

You can get your maintenance from joint account 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

Yes you can claim custody right know depending on mental conditions of your husband. But later your husband gets improved he can challenge custody on that basis till the child is minor

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

The amicable agreement or settlement on this issue arrived between you both may be drawn on a registered deed so that all the future litigation   as apprehended by you may not arise ot may not be maintainable even if someone initiates any legal 3in future. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If your husband is mentally ill then you cannot file any case against him for any reason. 

You cannot claim maintenance from your in laws if there's no property of your mentally ill husband is being enjoyed by them. 

You can seek to attach your mentally ill husband's property towards future maintenance provided there's any property lying on his name. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

If your daughter is under your care and custody you need not approach court seeking custody of your child. 

You cannot file a case against your mentally ill husband. 

Hence the child shall remain in your custody only. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Your mentally ill husband cannot file any case on his own and it is not maintainable because he doesn't know what is the case about as he is not not mentally alright to understand anything including the case or even child or it's custody. So long he is not perfectly alright with sound mental health no case filed by him would be maintainable. 

T Kalaiselvan
Advocate, Vellore
89978 Answers
2492 Consultations

Agreement against the bye laws is not valid. But when neighbour not challege the construction, court may not interfere if any case filed by new owner. 

You can withdraw amount belongs to husband and not of in laws.

Husband is mentally I'll, hence custody of child automatically shifted to mother being legal guardian  after father.

Without husband consent, adoption not possible or court order will require to give child in adoption.

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

Only when husband dies, daughter-in-law can legally claim maintenance from her in-law under section 19 of the Hindu Adoptions and Maintenance Act,1956.. 

you cannot claim alimony from Inlaws. if your husband having self acquired properties then you can claim share  through only court order. 

 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

you can gain sole custody of the children, if your husband is an mentally sick. 

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

The biological father of your child is the natural guardian of the child.

For making a valid adoption the written consent from the biological father is a must.

After getting the consent, an adoption deed can be made and the same is required to be registered.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. No you will not face any problem from buyer as your agreement was done with current owner.

2. First nieghbour canno raise any objection after construction of your house. 

3. You can withdraw the amount if you are one of the joint account holder and operation mode is any the account holder. 

4. No you don't have to file case for custody of your daughter and your husband cannot claim custody due to his mental condition.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

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