AI Overview...
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Construction on Co-Shared Property - Courts have addressed whether construction can be carried out on a co-shared property and under what conditions. Several cases indicate that unauthorized construction by one co-owner can be restrained through legal action, especially if it violates property rights or legal orders RAJENDRABHAI MITHALAL THAKKAR VS SURESHBHAI RAMANLAL THAKKAR - Gujarat, Chhagan Lal VS Jitu Anr. - Rajasthan.
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Rights and Restrictions - When a co-owner begins construction without proper approval or in violation of court orders or development agreements, courts may order demolition or restrain further construction. For instance, courts have restrained unauthorized construction and allowed demolition of structures built without consent RAJENDRABHAI MITHALAL THAKKAR VS SURESHBHAI RAMANLAL THAKKAR - Gujarat, Chhagan Lal VS Jitu Anr. - Rajasthan.
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Construction During Disputes - Courts have sometimes permitted construction if it aligns with legal agreements or development plans, provided it does not violate existing orders. For example, when development agreements specify construction rights, developers are generally allowed to proceed despite ongoing disputes JALARAM DEVELOPERS, PARTNER, BHIKHABHAI VIRAJBHAI VS NILABEN MAHENDRAKUMAR VAIDYA - Gujarat.
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Impact of Court Orders and Stay Applications - Stay orders can temporarily prevent construction, but their vacating allows co-owners or developers to proceed with construction unless specifically restrained. Courts have also clarified that stay orders do not prevent lawful construction under agreements Manjeet vs Kuldeep - Delhi, JALARAM DEVELOPERS, PARTNER, BHIKHABHAI VIRAJBHAI VS NILABEN MAHENDRAKUMAR VAIDYA - Gujarat.
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Share and Construction Rights - Co-owners are entitled to develop their respective shares, but such rights are subject to legal restrictions, court orders, and agreements. Unauthorized or illegal construction can lead to legal actions for demolition or restraining orders, while lawful construction under agreements is generally permitted Bipin Bihari Upadhyaya VS Shambhu Sharan Upadhayaya - Patna, Surjeet Kaur VS State - Delhi.
Analysis and Conclusion:
Construction on a co-shared property by one co-owner is permissible if it complies with legal agreements and court orders. Unauthorized construction or construction in violation of restraining orders can be challenged and may be ordered to be demolished. Courts tend to balance the rights of co-owners with legal restrictions, allowing lawful development but restraining or demolishing unauthorized structures. Therefore, a co-shared owner can undertake construction on their share, but only within the limits set by legal agreements and court rulings.
Search Results for "Can a Co Share Stay the Construction of other Co Share"
2022 0 Supreme(Guj) 1223 • India - Gujarat
A. S. SUPEHIA
filed a suit seeking declaration of demarcation of the suit property and to restrain the defendant from carrying out unauthorized construction ... out of 555 sq.m. land of the plaintiff's share on which the plaintiff has made construction. ... He has submitted that it is asserted in the plaint that unauthorized construction is being carried out by the defendant in his share of the suit property and hence, such declaration is sought for. ... The present suit has been filed to immediately stop him doing s....
• India - Consumer
R.C.KATHURIA, BANARSI DAS, SHAKUNTLA YADAV
that the construction was not completed, and the facilities were not provided as per the agreement. ... Consumer Dispute - Vacation Time Share - [1, 7, 26] - The court discussed the meaning of 'Vacation Time Share' and the amenities ... The court found that the complainants had raised a consumer dispute regarding the non-use of the 'Time Share' and the amenities, ... In that case, delay in construction in the Time Share holiday resort has taken place. ... In terms of the allotment so m....
• India - Delhi High Court
JASMEET SINGH
... ... Findings of Court: ... The court ruled that there was no contempt as the respondent had received funds when no stay was in ... The respondent then filed an application stating that some of his share of land falling in Khasra No. 69 is sought to be purchased by the Government for construction of a canal and he is unable to sell the same due to the stay order dated 20.11.2019. ... He submits that vide order dated 20.11.2019 passed by the Trial Court, the respondent was restrained from creating any third party rig....
2015 0 Supreme(Pat) 664 • India - Patna
MUNGESHWAR SAHOO
According to the learned counsel, by the High Court, a Pleader Commissioner was appointed while hearing the stay matter and the Pleader Commissioner appointed by the High Court gave a report to the effect that there is construction of house containing two rooms and household articles are also there. ... Here, in the present case, it is not the case of the defendant-appellant that in the portion i.e. 1/6th share allotted in his favour in both the plots, no construction can be made for residential purpose. In view of the a....
2014 0 Supreme(Del) 2934 • India - Delhi
J.R.MIDHA
property shall be demolished and a new building shall be constructed through a builder under a collaboration agreement; the cost of construction ... This Court further granted liberty to the complainant to stay in the subject property. ... Since both the parties were keen to stay in the property and the present construction could not be divided by metes and bounds, petitioner No. 1 later agreed for construction of a building by a collaboration agreement through a builder and to retain 1/5th sh....
2009 0 Supreme(Guj) 624 • India - Gujarat
K.A.PUJ
The development agreement binds the respondent Nos. 1 and 2 and they cannot seek removal of construction or obstruct or prevent developers from making construction on the suit land in accordance with development agreement. ... ... (ii) Since the stay granted by the trial Court in the form of status quo order is vacated by this Court, the appellant is permitted to carry out the construction and to deal with the suit property in a manner the appellant likes, however, it is subject to the final outcome of the ... He furthe....
2005 0 Supreme(Bom) 1811 • India - Bombay
S.U.KAMDAR
Civil Procedure Code, 1908 - Section 10 Stay of suit got rejected Challenged Initial suit was by widow of deceased partner in firm ... ... Civil Procedure Code, 1908 - Section 10 Stay of suit First suit ... of action is sought to be established is by respondent No. 1 for her own share. ... Some of the material facts of the present case which are necessary to be enumerated are as under: ... ( 2 ) IN 1985 a firm of Satguru Construction was constituted with three partners namely Sardar Nirman singh, Sardar Harpal Singh and....
2010 0 Supreme(All) 1293 • India - Allahabad
PRAKASH KRISHNA
The First Appellate Court modified the decree by providing that certain constructions shall be given to the appellants as their own ... stay order. ... The applications filed by the petitioner for delivery of possession in respect of his share were allowed with costs. ... Apart from the above, when share of the parties have been finally determined and final decree has been prepared by carving out the Quras and objections having been rejected by the two Courts below and there being no stay order for sta....
1990 0 Supreme(AP) 326 • India - Andhra Pradesh
IYYAPU PANDURANGA RAO
capital from other partners - Stay of further proceedings in the suit tm completion of arbitration proceedings can be ordered by ... Partnership deed providing arbitration clause in case of any disputes between partners - Suit by one partner for recovery of his share ... arbitration in accordance with the provisions of the Act One of the reliefs asked for is for recovery of a sum representing the share ... the dispute involves in addition to that part a pure question of construction. ... Such a couise is not prohibited a....
2014 0 Supreme(Raj) 796 • India - Rajasthan
ARUN BHANSALI
Final Decision: The appeal was dismissed, and the stay application was also dismissed. No costs were awarded. ... Joint Ancestral Property - Permanent Injunction - The court held that the plaintiffs failed to prove their share in the disputed ... Finding of the Court: The court found that the plaintiffs failed to prove their share in the disputed property and ... The defendants were seeking to raise construction on the said Guwari and they had dug foundation for the said purpose and such construction#HL_END....
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