Agreement executed by FIL is binding on BIL of the self acquired property and on inherited property on limited part.
Property dispute
My fil entered into jv agreement with a builder.One Part of the land was in his name.The other part was in my Fils dad name.But saying that my fil had no siblings and mother, entered jv agreement claiming that he is absolute owner.He was 85 yrs old.Before entering jv my bil has sent a notice saying that builder is entering into illegal agreement as it is his grandfather's property and fil entering jv for the entire land is illegal.Knowing the situation but since his lawyer adviced that he is absolute owner jv was entered. With just basement done my fil died.My bil has locked and stopped the construction. IS THEbuilder taken right decision?.Can my bil challenge him in court and if yes how long it might take to get stay in court?Meanwhile builder says he will attach the documents to court and get stay. IS THAT possible?
Asked 4 years ago in Property Law
Religion: Hindu
25 Answers
The builder has all the property documents original with him and he is pressurising to continue the jv agreement as fil has entered into agreement and forcing that he might go legally and attach the documents to the court. IS THAT POSSIBLE. how to react to this situation
Asked 4 years ago
But BIL case is on higher side and your wife also have share in it.
1. If your FIL inherited the property from his father then your BIL has also share in the ancestral property.
2. In such circumstances your FIL had no exclusive right over the property. Therefore your BIL can seek obtain restraint order from court.
3. In the wake of share of your BIL in the property its advisable to make compromise with your BIL by giving him due share in the property.
It does not matter if the builder has all the original documents or not, the deciding factor would be was there any kind of coercion, misrepresentation, fraud on the part of builder or not.
He can go to consumer court if the same builder cones under service provider. Otherwise he needs to file civil suit for the same
Please obtain Court papers and details of Lawsuits and respond legally because some times Builder act illegal with confidence to win the case which you should never allow to happen such things in your life.
Be ready to contest the suit of Builder and challenge it on lawful ground to get the suit dismissed before Court of law.Not to worry. Fight lawfully with Builder.
Builder has taken wrong decision
he was fully aware that father in law was not absolute owner of property yet entered into agreement for development of property
3) your brother in law has to file suit to set aside JV agreement
4) seek stay of further construction
No need to bow down to builder pressure
contact a local lawyer
The Registered JV agreement is very much valid.
Your father in law becomes the absolute owner of the property he inherited from his father.
Your brother in law cannot claim any rights over it at least during the lifetime of your father in law.
Therefore the case filed by your brother in law is not maintainable and liable to be dismissed.
Now since your father in law is reported to have died intestate, his legal heirs are required to continue with the JV and honor the registered agreement or else the builder can take appropriate legal action to enforce the JVA.
The action of locking and stopping the construction work by your brother in law would be an illegal act.
The builder is well within his rights to approach court for enforcing the JVA.
You can better amicably solve the matter instead of stretching the whole issue through court for years and finally fight a losing legal battle.
Discuss with your advocate, take a second opinion with another experienced advocate and take proper and wise decision at right time.
- Since, one part of the property was in the name of fil , and other part was in his dad name , then both parts would be considered as self acquired property of your fil , as he was not having any siblings and mother .
- Further, being the owner of the self acquired property your fil was having his right to construct or transfer the same as per his own wish , and none having any right to challenge the same.
- And hence , your fil was having right to enter into an agreement legally , and the decision of the builder is not right to stop the construction without getting any order from the court
- Further, since the said agreement was done by your fil himself , then this agreement was a valid agreement with the builder .
- Now, after his death , his legal heir can continue the construction legally , and if any case would be filed by the bil , then it will not maintainable .
if property is not ancestral then builder decision is correct , your fil was absolute owner of said property.
1. Yes builder took right decision because your father in law was absolute owner of the property if he doesn't had any other sibling who can claim share from the property.
2. No brother in law cannot challenge the construction on property and builder can file suit for execution of contract.
3. Builder can file suit for specific performance of contract against legal representatives of your father in law who are also his legal heirs.
Dear Sir,
The action done BIL is not correct because being legal heir of the FIL he can enjoy all the rights after FIL. The builder is on right footing and his steps may be correct till now.
My bil is not allowing the construction for almost a month.This will affect the foundation of the building and moreover it will affect the sales of the apartments in future.Is there anyways to handle my bil legally who is the only cause of trouble for all the other legal heirs and builders reputation too
Asked 4 years ago
File suit of specific performance of agreement.
You can obtain court orders that you be permitted to carry on construction as delay in carry on construction would affect the foundations
You can go to the court and seek orders against your bil
file a suit for declaration and permanent injunction.
Please approach Civil Court for injunction orders against your bil.
- Your fil should file a suit for Permanent injunction before the court for restraining bil from creating any problems for carrying the construction , and this may get within a short period of time.
It is the builder who has to take steps on this.
Your brother in law is not an authority to lock the building or stop the constructions work.
The builder can very well remove the lock and proceed with the construction work on the basis of the JVA and the irrevocable GPA now on his name.
The builder can give a police complaint agaisnt your brother in law if he is creating more problems.
The builder can also approach court with a suit for injunction against your BIL, obtain restrain orders against him and proceed with the constructions.
You may put pressure on the builder in the capacity on the legal heirs of the deceased land owner
Dear Sir,
You are suggested to serve the legal notice to the BIL and then file the case of the injunction against him.
The property belonged to your father in law. But it was an ancestral property hence your brother in law had a share. He is right. His sons and your wife too have a share.
An injunction against the builder must be obtained. File for possession. Your wife should also file a case along with your brother in law.
Well if you are on the builder's side then file a case against him.