Legal eagle Real Estate

Locked house, owner missing

Getty Images/iStockphoto

Getty Images/iStockphoto

We are a small apartment colony consisting of 18 flats. The construction is 25 years old and we are planning to go for redevelopment. However, the whereabouts of one of the flat owners is not known for the past 10 years and the flat is kept locked up. The kin of the owner is also not traceable. How do we proceed with redeveloping the apartment complex?

— Sundaresan N.

At present, it is not possible for the majority of the owners to compel anyone to sell or develop their holding. Therefore, consent of all flat owners is essential. If one of the owners is not traceable but the remaining owners are of the opinion that the building has to be redeveloped on account of its age, as a first step, the structural stability of the building has to be assessed. In the event of the building being declared unsafe for occupation, an application can be made to Corporation of Chennai for demolition on that ground. Once the land becomes vacant, a suit for partition by metes and bounds can be filed against the non co-operating/ non-traceable owner and further course of action would depend on the orders of Court.

Send in your questions to propertyplus@thehindu.co.in. All questions must have a full name and address. The replies here are general and readers are requested to seek independent legal advice. The Hindu or RANK will not be responsible for consequences of actions taken by the readers pursuant to this column.


Our code of editorial values

This article is closed for comments.
Please Email the Editor

Printable version | May 14, 2022 11:19:23 pm | https://www.thehindu.com/real-estate/locked-house-owner-missing/article38302598.ece