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Sunny Gupta   09 May 2024

Dispute for common area in a builder floor appartment

Hi

 

I am living on First floor of Builder Apartment. Ground floor owner has Put their  Plants and decoration pieces everywhere in Common Area, Pessages, utility Area etc. which is causing inconvenience for us. He has also covered shaft area with STeel Sheets, which are blocking entry of natural light into our apartment.

I spoke to him 6-7 time and inform him about the inconveniences faced by us but he is not ready to cooperate. 

Kindly suggest if i can take any legal action against him. 



Learning

 4 Replies

T. Kalaiselvan, Advocate (Advocate)     09 May 2024

If your neighbor is misusing the common area for his own benefits, you may give a complaint to the president of your assocaition, if there is no association then you can issue a  legal notice to him to remove the obstacles he has created by occupying the common areas.

Failing to respond or comply with the demands made, you may either approach the local civic biody with a complaint or approach the local civil court with a suit for mandatory injuncuiton to restrain him from miusing the common area and also to remove the obstacles he created in the common areas of the complex

Mr. Sumitra kumar (Advocate)     09 May 2024

File a sujit for disturbation of easement.

 

Thank you.

Advocate Bhartesh goyal (advocate)     10 May 2024

Issue legal notice to ground floor owner and ask him to remove all obstructions from common area and if he does not comply with the notice then file suit for mandatory injunction against  him .

Dr. J C Vashista (Advocate )     10 May 2024

If there is an association / managment file a written complaint, otherwise file a suit for permanent and mandatory injunction through a local prudent lawyer.


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