Joint family building modification by third party
Deep Chowdhury
(Querist) 14 February 2018
This query is : Resolved
My neighbour bought our ancestral home from my Uncle (his share part of house) during 2010 and afterwards he (new neighbour) wanted to break down joint Roof of his area which is joint together with a common wall and eventually he broke a few part of it and afterwards we went to local police station and Court and the work was postponed for that time. Now, since last 2/3 days again our Neighbour is gathering Raw Materials and we came to know from local people that he will go for some sorts of work on same common Roof (may be modification or break down of his part). So, in this circumstances i want to know following information
1) How to stop his work if our neighbour want to break down his part of Roof which is common with our roof with a Wall border only. So, in case of any breakage it will cause damage to our part roof as previously same was happened during i.e. during rainy season water socked in to our wall due to that breakage
2) What are the procedure to go to stop his work which effect our building (Step by step i.e Police , ocal Municipality, Court, Type of Court, Type of case etc)
3) What happen if suddenly our neighbour tries to break down his part of roof without any consent from our end (as he did the same thing during 2010) and local police is refuse to take any step for this mishalf
4) Whether 144 can be effective in this case to stop the work or not
5) What are the laws there for joint building receiving from Ancestral, how far distance should be there between 2 building if one is willing take separation from each other and what happen if one is going for outer modification of his part of home and he don't have ample space remaining to perform the same due to short passage
Vijay Raj Mahajan
(Expert) 14 February 2018
Go and file civil suit for injunction against the person and move interim application for immediate stay of any construction work to be carried out by him till the finalisation of the main suit.
This purely civil matter nothing to do with police.
And by the way who suggested you section 144 Cr.P.C apply in such case?
Stop reading stories from media/press, engage lawyer for the job.
Deep Chowdhury
(Querist) 14 February 2018
Thanks for the reply Mr. Mahajan
Need few information
1) As construction work is still not resume but raw materials are stored for the same so on the basis of that can we go to file a civil suit fro injunction against my neighbour. So, shall i wait until he resume his work (for evidence) or can i go ahead to file it as a precautionary measure
2) If my neighbour is starting illegal construction work then for 1/2 day can i ask Police to intervene in to this until we move to court and if it's take 1/2 day time
3) Where should i file the case normal court or only Civil Court and what would be the tentative expenses for this case
4) As per the law whether we can stop him for doing illegal construction work (Breaking joint roof separated by a Wall only)
Vijay Raj Mahajan
(Expert) 14 February 2018
File in civil court of the district where the property is situated. Why you wait, just do it now. The illegal construction by the person should be stopped now why wait for any further step taken by him. As far the cost of litigation etc. that you can claim in damages & cost from him in the main suit itself. First spend money from your pocket then claim it from him.
Sudhir Kumar, Advocate
(Expert) 15 February 2018
Police has done what they could do.
In the meanwhile you made no efforts to get stay order from court as suggested by Mr Mahajan.
You should move to court now.
Deep Chowdhury
(Querist) 15 February 2018
Thanks Mr. Mahajan and Mr. Kumar for your valuable suggestion
Dr J C Vashista
(Expert) 16 February 2018
Very well analysed, opined and advised.
It is not a suggestion but an expert guidance FREE OF COST, please note.
Deep Chowdhury
(Querist) 16 February 2018
Indeed Mr. Vashista they are so kind
