Can we legally claim ownership of our house and ask my uncle to remove the two floors he built above it?

Community Forums Legal Advice India Can we legally claim ownership of our house and ask my uncle to remove the two floors he built above it?

Viewing 3 reply threads
  • Author
    Posts
    • #13045 Reply
      Advaitstar132
      Participant
        A
        Advaitstar132
        PARTICIPANT
        April 17, 2025 at 5:50 pm
        My grandfather had four children — three sons and one daughter. The daughter is married and lives separately. The three brothers live in their own houses, which are on a single rectangular piece of land that faces a road. The layout is roughly as follows:

        * **Front House (faces the road):** Where we (my father, mother, and I) live. This house was built by my grandfather.
        * **Middle House (perpendicular to the front house):** Where the youngest brother lives. He built it with his own money.
        * **Last House (parallel to the front house):** Where the middle brother (my uncle) lives. This was also built by my grandfather.

        There is some shared space between the houses, and everyone has to pass through our front house to reach the road.

        # Ownership Details:

        * The land is in the name of my **grandmother** and **eldest uncle (my father)** — 50% each. But the exact division of land is not defined — they are co-owners of the entire plot.
        * My grandfather is no more. As per his will, **my grandmother’s 50% share is to be divided equally among the other two sons and the daughter**.

        # The Issue:

        About 15 years ago, my father allowed the **middle brother** (who now lives in the last house) to build a **gym above our house** because his business was struggling. At that time, both families lived together. Over time, the gym became successful, and differences grew, so the middle brother moved to the last house.

        Since then:

        * He built **one floor** above our house for the gym.
        * About 1.5 years ago, he started construction again, claiming it was just a **shed** to prevent leakage, but it turned out to be a **full room (second floor)** used for dart classes.
        * Now, he’s trying to **install solar panels** on top of that.

        My **father never pushed for a partition** or legal claim. He believes we have a place to live, so it’s fine. But my **mother and I are worried**. We fear that someday he’ll try to claim the entire front house just because he built two floors above it. I want to build something in the future — maybe a rental floor — and I don’t want that space to be permanently taken over.

        # My Question:

        Can we **legally register the front house in our name** (since it was built by my grandfather and we’ve lived here for decades), and then **ask my uncle to remove his two floors** and shift his gym and activities to his own house or somewhere else?

        Is there any legal or practical way to handle this now — even though it’s been many years — so that we protect our rights and avoid future disputes?

      • #13048 Reply
        Braveanvi8270
        Participant
          B
          Braveanvi8270
          PARTICIPANT
          April 17, 2025 at 6:35 pm
          Felt like reading a plot of webseries…..following

          • #13049 Reply
            Advaitstar132
            Participant
              A
              Advaitstar132
              OP
              April 18, 2025 at 6:19 am
              bhai unta bhi complex nhi hai complex matter, solution ho maybe. bas motive ye hai ke jo abhi jis ghar me reh rha hai usko uski ownership mil jae, problem mere ghar(samne vala) ki hai ki chacha ne upar 2 floor bna rkhe hai, to hmko hmre is ghar is ownership leke uper ke iske 2floor hatwana chahte hai, jo ki chacha obvioiusly nhi chahega.

          • #13047 Reply
            Megaprashant4593
            Participant
              M
              Megaprashant4593
              PARTICIPANT
              April 17, 2025 at 9:28 pm
              Mate partition the land parcel and register the ownership. It is advisable to work out an amicable settlement or head to the courts.

            • #13046 Reply
              Swiftswati8547
              Participant
                S
                Swiftswati8547
                PARTICIPANT
                April 18, 2025 at 12:20 am
                If the all the siblings are on good terms now then best option is to have a heart to heart conversation with each other and come an understanding and sign a document to that understanding.
                Also confer with a lawyer before signing anything as a general rule

            Viewing 3 reply threads
            Reply To: Can we legally claim ownership of our house and ask my uncle to remove the two floors he built above it?
            Your information: