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manan (partner)     28 March 2011

property

We had purchased a retail shop in the ground floor by the way of a registered deed .After the sale the owner had sold of the rest of the building to a certain Mr. X. Now Mr.X  wants to construct a second floor on the building that is 50 years old and has also started construction on the terrace.

The constuction is  creating problems for our shop and cracks and seepage has started on our ceiling as the load is too much to bear.We also think that if there is a mishap we would suffer as we are on the ground floor .

It is not even clear if Mr x has got the permission for constructing this extra floor.

i want to ask my friends if i can do something to stop this and extra load being put on the already fragile structure as all my attempts to talk to Mr x have gone in vain.

Thanking you



Learning

 6 Replies

Arvind Singh Chauhan (advocate)     28 March 2011

File a suit for injunction.

bhagwat patil (Property due diligence 9422773303)     28 March 2011

Yes you can stop.first check you purchase deed weather it is mentioned there about propertionate land or not.if it is there you have got right to terrace also
 

manan (partner)     28 March 2011

Dear Mr. Patil,

This property of mine is on the ground floor and my deed specifies that. The first floor and the terrace both belong to Mr .x.

What should i do ?

thank you

bhagwat patil (Property due diligence 9422773303)     28 March 2011

If it is in mucipal area for construction or renovation or aulteration in building you consent is required on renovation plan while applying to the muncipal corporation.Just go the town dept in muncipal  office and ask for sanction plan for renovation , if your sign is not there on plan ask TP people to stop unauthorised illegal construction.

Bharatkumar (ADVOCATE )     28 March 2011

File a suit for injunction. U give a application in corporation / panchayat / urban development authoriy or any authority who concern this property area. Plan pass is necessary for consturction and your sign is most imporant in plan u contect legal authority person and file a suit.

niranjan (civil practice)     28 March 2011

I would advise that you should take opinion of the civil engineer in writing about the age of the building,its capacity to bear load etc. and  give notice to the local authority for stopping the construction as it is unauthorised and also join that local authority in the suit for injunction and also pray for interim injunction.

 

 

 

 

 

 

 

 

 

 

 

 

 


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