Legal Question in Real Estate Law in India

My father and his elder brother were two brothers.my father joined tue army anf pwssed away in 1990, his brother , my uncle , is alive . Ours was a joint family house .. now devided equally from the centre , an old wooden structure in Himachal pradesh,My quiries are as under :

1. Can i break my side of the house ?

2. If i break my side of the house , their side is definitely going to get affected since it has common logs and common structures

.3. What if they get stay orders from the court.The land is in the heart of the city and o would like to convert it into shopping complex.

We are nt into talking terms with them , please suggest / advise on the isssue and also give references and quote related laws

Thanks and regards

Maj Palden Thakur


Asked on 3/28/13, 6:57 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

29.03.2013

Dear Maj Thakur,

(Kharihar, Kullu, Himachal Pradesh)

Since the main structure of the family house is common, you will surely have to demolish the entire structure jointly with the consent of your uncle and rebuild it.

Regards,

FCA Prashant Chavan

Mumbai

(You can also mail me for any further on-line advice at [email protected])

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Answered on 3/29/13, 3:33 am
Shrichand Nahar S.V.Nahar, Advocate

If demolition is likely to affect adjoining property, then you may not demolish.

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Answered on 10/15/13, 3:05 am


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