It seems the partition of the property hasn't been done yet. File a partition suit against all the coparceners.
I got half share slabed house from mybgrand mother (mother of my mother) i want to reconstruct a new house by follwing my share ..but steps and well is in my side share but in joint enjoyment .how do i free from joint property ..how do i get renovation permission from court ..how do i get pertition deed ..my copersoners are objecting and planning to get more share istead of steps ..so intentionally they are abjecting to construct the house in my share
how do i free from joint property of steps and well both are in my portion of house..my copersens are objecting to construct house on my share ..its 40 years old house all ready in demolish stage ..i want to get seperatted from them .with seperate partition deed ..and renovation permission from court .and i want to get registered partition deed ..
It seems the partition of the property hasn't been done yet. File a partition suit against all the coparceners.
Actually partition deed can only be executed with consent of all share holders & legal heirs. Without that it is not possible to do so. Otherwise you need to file partition suit for getting the share partitioned. But you can sell your share if there is no injunction from the court in the same.
Please go for partition suit before Court of Law and get property divided amongst your relatives as per precedence and provisions of Law.
This would give you relief for the life time.
You first go through the partition deed to ascertain your share, identify your share of property, get it demarcated through a surveyor.
You will be objected to this by the other shareholders.
Hence you apply for partition of property as per the recital of the transfer deed by filing a suit for partition before court competent and get the property partitioned through court after which you can construct the house as desired by you.
You first issue a legal notice to them seeking an amicable partition by mutually agreed terms and conditions.
If there's no response or they are not cooperating you may approach court with a suit for partition as suggested in my previous post.
You can discuss with your advocate and proceed as per the advice rendered.
File suit for partition for division of property by metes and bounds
2) seek injunction restraining sale of property by your siblings
3) without court orders you may not get permission to carry on construction as it is joint property and consent of other co owners would be necessary
If other co owners are not willing for partition deed file suit for partition for division of property by metes and bounds
1. Registered Partition Deed is possible only if all the parties sign on partition deed with mutual consent signatures, which in your case seems not possible, because of objections etc....
2. However, you can file a "Partition Suit" in the local Civil Court, for entire arrangement & declaration and seek order for redevelopment of your side of the property and demarcation of property and if required for mutual sharing common facilities.
Partition Deed can be executed when all the parties agree to the terms and conditions of the deed. In this case, the parties disagree. Hence, contact a good local civil lawyer, file a suit for partition by metes and bounds and obtain a decree from the court. This would definitely sort out the issue for ever. Till then obtain stay order. Good luck.
Either you mutually do partition deed and get registered. If other party is not listening then you apply for partition deed in the court. Initially he can make repair as it is look like by taking current photos of the house in the different angle and submit in he grampanchyat or municipal corporation for repair of the house and you can built a house in new construction but it will be on based of old structure and layout. For this your copacner will not take objection and he don't have too.
File a specific performance suit in court to seek the court orders to demolish the old house and build a new one
1. You got half share but if the share is undivided then remedy in your hands is to file a suit for partition to divide the property through metes and bounds and take the separate physical possession of your share in the property. Partition alone can sever the joint character of property.
2. Engage a local lawyer.
Dear Sir,
You are suggested to file a suit of declaration, partition and injunction suit in the District Court making all concerned persons as party. The court will decide the matter in due course and the things will be solved accordingly.
- As you got your share , then it become your self acquired property , and none can stop you from constructing the house in the said share.
- Since, others are creating hurdle in your construction of hose , hence try to amicable settle the matter after preparing the Settlement .partition deed and registered then same in the office of Registrar.
- If they not agree, then file a suit for Partition and Permanent Injunction before the court.
If the property is not divided and identified by boundaries, then you need to file suit for partition, and also file an application seeking injunction against co-owners from interfering / disturbing with your possession.
You need to get no objection from others for construction / renovation.
Yes, get the partition done, obtain permission for demolition and proceed.
If they are not cooperating, then approach court by filing partition suit seeking partition by metes and bounds and allotment of your share.
You can approach the jurisdictional court. The court may divide the property in kind: dividing each person's share or it may sell the property and divide the proceeds based on each person's share to it. You can approach an advocate to assist you.
When all the party in interest of the property agreed then it easy to patiition by way of partition deed.but when any among the interested party non agree the file a suit for partition in a civil court where the property is Situated and you get the proper relief