Legal Question in Civil Litigation in India

rel to partition of a house under one roof

Hello sir,

thanks for holding such a g8 site. i have heard u r suggestions and abt u r site from my friends. and hope u will help me out. it is problem of my friend.

one of my friend holds a house (penkutillu), which he got it from his ancestrol property. For his brother and to him. They were both seperated and staying in the same house, partitioned with a wall. Now my cousin want to construct a house in his partition. but if he breaks the roof, it effects the whole house. and it is not mentioned inthe will (veelunama) about the roof, who should bear that damage, if any one constructs the house. my friends's brother does not want to construct now. and so please suggest me how my friend can construct a house in his partition with out paying any damage to his brother. so that his brother can bear his loss. so please kindly help out for the problem.


Asked on 5/14/08, 7:24 am

4 Answers from Attorneys
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Re: rel to partition of a house under one roof

Dear friend,

Go through kind of the partition that they made under the family laws, i.e., to check whether their partition held through brothers gives effect to oral(Jubani) or registered partition in deed, check out with the precondition's to servitude's or easement's with respect to their partition made earlier, agreed & signatured upon. And they have to get the municipal authority or an urban development authority (U.D.A) approved license to take out the roof in order to construct further, modify.

or

Best thing is to --------

make themselves an amicable settlement through talks, Affidavit.

is this ?

Ty,

Regards,

sk. dixit.

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Answered on 5/16/08, 3:22 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: rel to partition of a house under one roof

You should consider the interest of your friends brother.

So kindly co-operate and move ahead.

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Answered on 5/15/08, 1:02 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: rel to partition of a house under one roof

this appears to be a tricky question . The law stipulates that whenever one person exercise any right the other has corresponding duty . In your case it would not be possible unless brother of your friend co-operates or waives his rights . It would be prejudicial to his interest if you start without considering his case

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Answered on 5/14/08, 8:39 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: rel to partition of a house under one roof

co-operation of both is required.

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Answered on 5/14/08, 11:11 am


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