Chandrasekhar Jayanti 01 April 2022

Dispute with co-owner in a apartment

Hello Sir / Madam,

I am living in a Apartment where we do not have a registered Society and some group of people running the Society forcefully.

I am facing the problem with my co-owner in the manner that water is leaking in a flow into my balcony from his house balcony located in the upper floor whenever they are using water since last 8-10 months. I have requested them several times to set right the same but they showing baseless reasons that they are also facing the same problem from their upper house.

Even I have told them to talk to their upper house co-owner and set right the same but they not acting upon it as well as not carrying repair work to stop the leakage to my house. This causing bad smell and unhygenic condition.

Can I take any legal or Law & Order action on them ?

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2 Replies

Palak batra 02 April 2022

Dear Querist,

In such a situation, where co ownership exists i.e When more than two people own property, a trust of land automatically arises.

One can simply agree to a Declaration of Trust which sets out how the beneficial interest in the Property should be held. The other method which could be used is alternative dispute resolution. This method is often successful in avoiding lengthy and expensive civil litigation proceedings. Also, it may assist in maintaining cordial relations between yourself and the other owner.

If there is no alternative left then one can approach court via Section 268 of the Indian Penal Code, nuisance is defined under this section. Punishment for the same is given under sec.290 which is mere Rs. 200 but the court can do much more.

Regards,

Palak