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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.
