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DOur building developed cracks few months ago and since it was a 50-60 years old building we demolished it a month ago. The owner of the Ground Floor lives in USA and had agreed to everything but nothing on paper. All the other owners are the partition survivors like us who have lived in this area since after partition and have a good understanding.
However, as basement usage norms have become strict due to an incident in last year, and the US owner coming to know about it a few days ago, he is now refusing to let us build the building citing that he will not allow access.
He is asking us to sell the plot instead and give him 25% share which is absolute absurdity. His property has devalued immensely in the area and we want to live in the same place, so many memories are associated with this area, our relatives, family friends everyone is a stone throw away and my children also go to a nearby school.
Since stairs, foundation, load bearing walls are considered common in a shared property, what are our options here. Do we need his absolute consent or we can send him notice for Right of Way. Builder is powerful and pissed and saying he will handle it but we don’t want to get a case filed against us.
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S1. Send Legal Notice for Right of Way
send a legal notice to the ground floor owner, asserting your right to:
Reconstruct the building,
Access common areas,
Use essential services (stairs, passage, etc.).
Mention the absence of formal objection earlier and that other co-owners have consented.
2. Document Consent from Other Co-owners
Get written consent from all other co-owners.
This strengthens your case if things go legal.
3. Apply for an Injunction (if needed)
If he threatens or files a case, you can seek a court injunction to allow construction and access during the legal process.
Courts often side with long-time residents and partition-era owners, especially if possession and usage have been continuous.
4. Mediation
If possible, try mediation or community resolution.
Maybe offer him a smaller compensation or goodwill gesture if he’s feeling ignored or sidelined.
5. Avoid Aggressive Builder Tactics
Builders saying “they’ll handle it” can escalate matters.
Keep the legal route transparent to avoid being party to coercion or illegal steps.
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