Legal Question in Construction Law in India

now nri need to build a wall in my flat in india

i have a flat in mumbai next to my brothers flat but wheni was abroad my brother broke the wall which was between my flat and his flat to make the flat look big, as both the flat was seperated by the passage of the society now that passage also is ocupied by him. the flat was tranfered in my name in 1989 after my first mothers death by the family letter, then due to some dispute with my brother and step mother i filed a case in court in 2002 with the help of my dad the court then was in my favour and i was awarded the flat, the share certificate is in my name, but now its been 3 years i am abroad and now planing to come to india and build the wall and take possesion of my flat has now my dad is no more with us. i came to know that 1 year back the best has disconneted my meter which was in my name due to non payment by my brother(family). the society bill are also not paid which i shall do when i reach india. can u suggest me if i build a wall will there be any problem by the society or my brother or step mother, as most of the time my stepmother also stays abroad, do i have the right to take possesion of my flat, as i dont have any other flat in my name in india---- thank you


Asked on 6/01/04, 8:01 am

1 Answer from Attorneys

G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: now nri need to build a wall in my flat in india

You can build the compound wall within the land demarkated to you as per the certificate and the share you hold. There will not be any legal impediment on that.

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Answered on 6/03/04, 12:51 am


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