My mother gift deed house which was in her name but financed by my late father, also i alongwith my brother family are living in same house. brother living in 2000 sqft covered area on whole ground floor and i am living with my 2 adult daughters in a single room flat on first floor alongwith some open area which is under my control. Lower court passed an stay order for status-quo early this year as brother wants to sale the same. I filed a partition suit last year, which is moving very slowly. now as my daughters have become adult we need one more room very desperately. is there any law or way exist which may help me to construct a room in space under my possession as well as to repair some old construction. i am ready to ensure that new construction will be subjected to final order of the court.
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1) since matter is sub judice you would need court permission to construct additional room
2) you are at liberty to carry out necessary repairs to the room in your possession
3) court may grant you permission subject to such conditions as court deems fit
1. There is no law which restricts you in repairing the portion of the house of your mother which you are occupying.
2. There is no restriction also in your altering the construction falling in to your area and/or constructing a room in your said area.
3. If you are not in good terms with your brother, he wll certainly try to file a suit and get a stay order for which you should stay alret and for which the entire construction should be completed in war footing before he can get a stay order.
4. It will be prudent on your part to get the construction dine during vacation of the local court to ensure that he can not get the stay order easily to stop your said construction.
1. Your grievance is that the suit is proceeding at a snail's pace, so to remedy this you may file a writ petition before the High Court for a speedy hearing and adjudication of the case.
2. Unless the status quo order takes within its sweep further construction you are free to make further construction. The plaint and the status quo order are required to be perused to advise, so consult a lawyer with a copy of these documents.
