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maintenance responsibility

(Querist) 05 November 2010 This query is : Resolved 
sir,
my appartment is having heavy seepage in drawing room. who is responsible for getting it repaired? The owner of flat above me or the society or myself. i have been forced to keep the flat vacant because of the amount of seepage.I stay in different city at present but bcos of this problem i cant put the appartment on rent kindly guide
Parthasarathi Loganathan (Expert) 05 November 2010
The matter needs to be resolved by revisiting the relevant by-laws of your housing society of Residents' Association.
Devajyoti Barman (Expert) 05 November 2010
Who is the responsible for general maintenance of the flats and common spaces of the same? Was the place from which the seepage is happening belongs to any common spaces?
If your answer is yes then the Society is responsible for the repairing the damages. If the space on the up belongs to any individual then he alone is responsible for the damage. In either of the case , the person responsible does not do his duty then you have to approach the Registrar of the Society for the grievances to be redressed.
Yes, you can give the property on Rent with the permission of the Society.
Arun Kumar Bhagat (Expert) 05 November 2010
I agree.
DEFENSE ADVOCATE.-firmaction@g (Expert) 05 November 2010
You want to solve the problem or want to find solution legally.

Legal ways will take your efforts and resources and mental disturbance.

Just quitely visit the top floor flat assess the repair work and do it your self , rest is otherwise.
Kirti Kar Tripathi (Expert) 05 November 2010
i agree with shashi. get repair work yourself. it will give at least mental peace
s.subramanian (Expert) 05 November 2010
I fully endosrse the view of Mr.Shashi. You will be rid of the bother at once.
Khaleel Ahmed Mohammed (Expert) 06 November 2010
Repeated query.
Chanchal Nag Chowdhury (Expert) 08 November 2010
It depends on the terms contained in your sale deed & the bye-laws of your society.
Sri Vijayan.A (Expert) 09 November 2010
1.If the building is within the warranty period (Usually one year, the builder/ promoter of the apartment has to do the repair works free of cost.
2.Otherwise, as per the bye-law.
3. In no case, a co-owner may not be responsible for it, unless specifically provided in the builder's agreement


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