Brother is continuing construction in violation of family settlement

It is more than 12 years over my father passed away with no will. in year 2018 a unregistered family settlement done among we 3 brothers but now with bad intention my younger brother refused family settlement saying it has no value and started construction over some properties. I told him to stop construction since there have been no legally valid partition of property but he is not listening. I have been told that a co-sharer can, t seek injunction against other co sharer and can, I stop for carrying construction as he is in exclusive possession on properties. I…

by Shivendra Pratap Singh | Jan 27, 2023 | Property Cases

Brother is continuing construction in violation of family settlement. It is more than 12 years over my father passed away with no will. in year 2018 a unregistered family settlement done among we 3 brothers but now with bad intention my younger brother refused family settlement saying it has no value and started construction over some properties. I told him to stop construction since there have been no legally valid partition of property but he is not listening.

I have been told that a co-sharer can, t seek injunction against other co sharer and can, I stop for carrying construction as he is in exclusive possession on properties. I am in job, live in other city and only go home on occasions and to meet mother. How I can get my legitimate share and restrict my younger brother from carrying out construction so that neither shape and status of property be changed nor any third party interest created.

It is possible for you to seek legal remedies to protect your share of the property and prevent your brother from carrying out construction without a legally valid partition of the property. As you have mentioned that you are a co-sharer of the property, you have a legal right to your share of the property.

However, since the family settlement was unregistered, it may not be legally binding in a court of law but it proves that the parties were agreed on the terms and conditions mentioned in the settlement deed.

One option would be to file a suit for partition of the property and seek an injunction to prevent your brother from carrying out construction until the partition is legally completed. This would require you to prove that there is a valid family settlement agreement in place, and that your brother is acting in violation of that agreement.

Another option would be to file a suit for specific performance, asking the court to enforce the unregistered family settlement agreement and ordering your brother to follow the terms of the agreement and stop the construction.

Also read:

 

Author's Profile

Tags:

Shivendra Pratap Singh

Shivendra Pratap Singh

Advocate

Advocate Shivendra, practicing law since 2005, specializes in criminal and matrimonial cases, extensive litigatin experience before the High Court, Sessions court & Family Court. He established kanoonirai.com in 2014 to provide dependable and pragmatic legal support. Over the years, he has successfully assisted thousands of clients, making the platform a trusted resource for criminal and matrimonial dispute resolution in India.

Consult Online

Related Matters

Lessor has refused to renew the lease even after receiving entire rent

Jun 14, 2025 |

A business owner in Gujarat faces a legal notice to vacate after their landlord refused to renew a lease, despite accepting rent in advance. Legal experts clarify that payment does not constitute an automatic renewal when written permission is required. While the lease terminates by efflux of time, the tenant may negotiate for sufficient relocation time.

My neighbor has constructed a 6 to 7-foot compound wall

Mar 8, 2025 |

This legal guidance explains the remedies available where a neighbour has raised a high compound wall obstructing light, air, access, or causing nuisance to adjoining property owners. It discusses municipal complaints, civil injunction suits, easement rights, and legal action that may be initiated against unauthorized construction.

My neighbor is constructing a house adjoining to my compound wall

Feb 18, 2025 |

This legal guidance explains the remedies available when a neighbour constructs a building adjoining the compound wall without maintaining the required setback. It discusses municipal complaints, easement rights relating to light and air, temporary injunctions, and civil remedies available to prevent unauthorized or nuisance-causing construction.

Suit dismissed for defect in parties

Jan 19, 2025 |

This legal guidance explains the consequences of dismissal of a civil suit due to non-joinder or misjoinder of necessary parties. It discusses the remedy of impleading proper parties, restoration or refiling of the suit, amendment of pleadings, and the legal principles governing defect in parties under the Civil Procedure Code.