Q:

Our ancestral and paternal house is divided among 2 brothers and 2 sisters. The eldest brother being my father. The younger brother has bought the share of the youngest brother some years back so he holds a bigger share than anyone else in the property. A year back they all decided to get this reconstructed into separate portions and handed over the house to the builder permitting him for reconstruction. However, as everyone knows that SBCA is not allowing any ground plus 2 projects and neither is it allowing any units or portions so we are all living in respective rented houses for almost a year now. The latest twist in the entire case is that my uncle (the major shareholder) believes it is better to sell off the property as its not feasible for anyone to move back. My father believes we can go back after paying off the builder the advance amount and taking back the keys.

Can you please let me know if we can go back to the house without the consent of other heirs and reside in our portion, or not? Does my uncle actually have the decision making authority and can impose that on other heirs just because he has a major share?

Please reply

Monday, November 26th, 2018 by atifalvi2011

Answers

  1. Without partition of property all legal heirs of are an owner in possession of each inch of the property, therefore, no one has the right to sell out any portion of the property without other consent, unless by order of a court. So, u have every right to go back and start living at your own.