2 person with separate ownership of land came together to build common building. No agreement signed between them and only a verbal agreement. Building approval taken in such a way that 5 units coming over 1 land owners part and 3 units on the another. Common amenities like lift and staircase exactly in centre so that half lies on each other lands. I purchased 3 units from the 5 unit holder for which even the registry has been done. Due to some personal conflicts arising between the two owners, holder of 3 unit, objected and created rukos over construction of common amenities and questioned the sale deed claiming his consent is necessary before selling. Can because of their personal issues he can stop the common amenities construction which is of utmost importance for me
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It would have been better to make second person party to sale deed as common amenities lie on each other lands
2) ask seller to intervene and resolve the dispute as work on common amenities have not progressed because of differences among the land owners
The conflicts and disputes always arise over the personal issues only
The drawback in this is that they have not entered into a proper registered agreement between them over constructing and sharing the common amenities.
It was your duty to properly enquire about all such aspects before purchase of the property
Now without knowing about the actual dispute between them no action can be taken by you in this regard.
In the absence of any legal dispute no suggestions can be rendered.
Alternately, you can consult a local lawyer and on his suggestion you may file a suit for injunction if he interferes in your possession and enjoyment of the property to restrain him from creating any obstacle or bothering you about your own construction work.
did both the builders signed on your sale deed?
have you mentioned about what amenities you will be getting in your sale deed as the builders have not executed any development or partnership agreement?
will be able to suggest anything after knowing all the facts only.
None of the owner stop the common amenities to use for day today facilities.
Kindly send them show cause notice how the plan has been passed by municipal corporation and other government authorities to build the building on those two different land with common facilities.
No he can't you can go to court ans challenge it
