Legal Question in Construction Law in India

Respected Sir / Madam, We are staying in a G + 1 story building and by the virtue of a Gift deed in 2003 both the schedule property have ownership of Mother & daughter. I am daughter and got ownership in the I st floor. My husband served in defense and retired in 2013 Jul, after retirement we shifted to our schedule property. Till my husband retirement my mother who is the owner of the ground floor staying in our property with my younger brother and his wife and rented her property and enjoyed a happy life. When we shifted in Jul 2013 in our property after retirement of my husband they shifted to ground floor and we start staying on our property. As seen, when relation cum close always there is a dispute. So we decided to sale our property. In 2004 a staircase has been construct by my mother by taking a lump sum money from us but passed a addition & alteration building plan from Municipality on her name and now she is claiming that the staircase is on her name, so she will not give any other person to use the staircase. As staircase is the only way to go to the Ist floor and it becomes a hurdle to sale my property. In between my mother also filed a case in the civil court for injunction that we are going to sell her staircase, since we had already filed a caveator, so the injunction was not applied on us, here I want to mention that this all wrong thing done by my brother who is staying with my mother, please let us know what all act / charge we can applied on them, since my brother is playing game on the back of my mother. how we can sale our property and since staircase is the only medium to go up to my property, Is it, not a common staircase since I also paid for that. This is totally a 420 on our believe.


Asked on 3/09/14, 4:54 am

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP

12.03.2014

Dear Madam,

North 24 Parganas

West Bengal.

You can sell the property iff you are the beneficiary donee of the first floor in the Gift Deed and its title documents are in your name in the record of the Tehsildar / District Registrar.

Regards,

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Answered on 3/12/14, 5:30 am


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