On demise of one of co owner his share would devolve on his wife and children
2) the wife and daughter would not be absolute owner of property
3) seek court orders to direct ground floor owners to permit you access to repair foundation pillars
Neighbour dispute on construction work
We are seeking advice regarding neighbour dispute in home restoration work. We own the first floor of a double-storey property with roof rights in West Delhi. The ground floor of the said property is owned by a different family, but the house has been unoccupied for years now. We have to initiate the renovation because the house was built in 1970s, and is now falling apart. The ground floor is locked, and neighbours do not cooperate. All we need is access to the veranda to repair foundation pillars. In a previous attempt at renovation work, a court case was filed, which ruled that owners can do authorized construction at their respective floors. We also filed an RTI with SDMC for approval on pillar repair work, and were told that the said work comes under Clause No. 2.14 of “Building Permit Not Required” in the SDMC guidelines. Upon previous suggestions from lawyers on this site, we sent a notice to ground-floor owners regarding permission to access their floor, and repair the foundation pillars. In response to which, they denied us permission, also saying the property is now owned by the wife and daughter of the late owner, who passed away in March 2020. If we cannot repair the property, it is in an uninhabitable condition, and with such disputes, the selling is also a problem. The ground -floor is a leasehold, whereas, our first floor is freehold. The previous owner was not the sole owner, he co-owned the property with 5 brothers, but he probably had the power of attorney. Also, no one has lived on the property for years. Please guide us on 1. Could the ownership automatically have been transferred to the wife and daughter of previous owner, even if he was not the sole owner? 2. How to know if the wife and daughter are the owners of the property? Can we demand proof of ownership, just in case we can seek permission and cooperation from the other owners if any, that their lawyer hasn’t disclosed in their notice? 3. How to gain access legally to the ground floor for restoration work, if the owners do not co-operate, and we cannot trespass private property?
Asked 4 years ago in Property Law
Religion: Hindu
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4 Answers
You need to seek a interim order from the court for seeking permission showing the Inhabitable conditions of the said property.
1. yes the ownership will automatically be transferred to wife and daughter as according to succession act even if he is not a sole owner.
2. yes you can check the name on the papers of inheritance of property and can ask for the proof of that ownership of the house also by another co-owners if they don't disclose it.
3. You can give them a legal notice from court mentioning the reasons for your repairing the house so it could be converted to habitable one as you have right to access over the other floor and they have the same foundation and even you have right to live in your property and have good living environment under right to life under Article 21 and if court grant you the access on the property then you can continue your work.
1. Why do you worry about the ownership of the ground floor property.
You should concentrate on what you have to do for your safety.
You have already issued a legal notice to them to which they refused permission, hence you may obtain a certificate from a civil engineer about the condition of the building and the habitable conditions as well.
By obtaining this certificate you may file a suit for mandatory injunction restraining the ground floor owner from interfering in the proposed renovation work in the interest of justice.
2. Read the above and proceed as suggested by your lawyer.
3. You can approach court to obtain permission by filing suit for mandatory injunction against the ground floor owner.
