• House ownership

I own the land in India but the house on this land is in my grandmothers name. Since this house is over 50 years old. I would like to demolish this house and build a new house in my name.
Are there any legal steps I must take
Asked 9 months ago in Property Law from Kuwait
Religion: Christian
Who are the heirs of your grandmother? Is your father alive? Since the house is registered in your grandmother's name it has devolved on her heirs if she has died intestate.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
1) if house is in grand mother name you cannot demolish the house without consent of other legal heirs of grand mother 

2) in addition consent would be needed from muncipal corporation 

3) building plans have to be sanctioned by corporation 
Ajay Sethi
Advocate, Mumbai
24630 Answers
1320 Consultations
5.0 on 5.0
1) without permission from other legal heirs you cannot demolish the house and construct new house 

2) if your grand mother died intestate apply for letters of administration from court in name of legal heirs 
Ajay Sethi
Advocate, Mumbai
24630 Answers
1320 Consultations
5.0 on 5.0
1. When the land is in your name, how can the house constructed on your land can be recorded in your grandmother's name,

2. The title of the building constructed on the land owned by X will also be recorded in the name of X,

3. Give further details in this regard to advise you properly.
Krishna Kishore Ganguly
Advocate, Kolkata
12698 Answers
261 Consultations
5.0 on 5.0
1. If the title of the land in in your name, then you can construct your house there upon with out taking consent from any body,

2. You can demolish the dilapidated house standing upon your land and start construction afresh with out taking consent from any body,

3. If they come to know, they may bring an order of injunction against your said demolition and fresh construction. 
Krishna Kishore Ganguly
Advocate, Kolkata
12698 Answers
261 Consultations
5.0 on 5.0
I own the land in India but the house on this land is in my grandmothers name. Since this house is over 50 years old. I would like to demolish this house and build a new house in my name.
Are there any legal steps I must take

If the house on your grandmother's name is as old as 50 years when did you buy the land above which the house is constructed?
How come the house alone is in your grandmother's name?
Did she take the land on lease and construct the house on the open land?
Whether your grandmother is living?
If not, what about the legal heirs of your grandmother?
How do you think that you own the house property when it is in your grandmother's name and how could you decide about its demolition when it is not yours?
If the land is yours you can remove the structure built above it but do you have documents of the house which is built on your land?
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
5.0 on 5.0
My grandmother has her children who are alive but I would not like to take any permissions from them as they may make some fresh demands, since this house is on my property and my father is dead but the land is registered in my name and I pay land taxes in my name. Since this house is very old and dilapidated I was thinking of demolishing it and then applying for building a house in my name on this land is there any legal obstacles I can face in this process and how can I have a new house in my name on my land.

If the land belongs to you then the house built of the land should be on leased land, i so, if the lessee is not alive then the legal heirs will step into the shoes of lessee till the period the lease is valid.
If the house was illegally built on your land, you may demolish it but be careful about demolishing a dwelling house. 
T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
5.0 on 5.0
Permission is required from them if they are the co-owners of the property. If you proceed to demolish or alienate the house without their consent then they may approach the civil court through a suit for injunction.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
if property is registered in your name then you can demolish it and erect new building. if your relatives are living in this house for long time then you have to take permission from the court because they can file objection on the ground of adverse possession. so you should talk about this matter with your relatives.
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
15220 Answers
138 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
24630 Answers
1320 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12698 Answers
261 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5811 Answers
63 Consultations
4.9 on 5.0
Atulay Nehra
Advocate, Noida
520 Answers
18 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2871 Answers
43 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
915 Answers
54 Consultations
5.0 on 5.0
Ajay N S
Advocate, Ernakulam
1945 Answers
19 Consultations
5.0 on 5.0
Thresiamma G. Mathew
Advocate, Mumbai
1323 Answers
89 Consultations
5.0 on 5.0