Ownership dispute on common water line

Please make a Co-operative Housing Society to handle the common matters related to the property and all the flats, e.g. water, security, cleanliness, etc.

This is the best way to resolve disputes related to shared resources in the same building. Normally the decision of the majority will prevail unless it is malafide or onerous on the dissenting members.

Dear Suneet Gupta,

Thank you very much for your valuable suggestion, we will soon form one. But we just have one more question.

1)  As of now, we do not have any legal association or society for our apartments.

In this current situation, is it legally correct , if the majority of the flat owners disturb a common water line without the consent of the dissenting members ? Can the dissenting member go against the majority to a court as there is no legal association for the flats ?

Thanks

In this case, you can file a case in the Civil Court to save your rights in the common property. Unless, the action of the majority is in the interest of everyone, e.g. to install a meter and charge the members individually or to comply with a legal provision etc., there can be no interference with common property.

As you all are co owners, each of you have equal right with regard to common amenities and you have right to enjoy such facilities without hindrance from any other co owner and without causing hindrance to others.. In the absence of a registered association, consent of each one, either express or implied, is a precondition before taking any decision affecting others right/interest. Since remaining 5 co owners had d acted against your interest, you can file civil suit and obtain an injunction against such action.

Dear Mr Sunnet Gupta and Mr Samal Kumar,

My sincere thanks for the crystal clear explanations you have provided.  A bunch of thanks from all the owners of the flats and we will definetly take your suggestions and form a legal apartment association very soon.

I Agree with above experts.

In the area of common interest especially in the absence of a proper society or association to control and decide about the issues of common interests, no individual of group of individuals can proceed against anyone's interest in the common property without taking consent of the dissenting shareholder/co-sharer. If in the event of any illegal action by others on the lone opposite party, the opposite arty may approach a civil court seeking injunction against all those responsible for it to restrain them from indulging in any act that may go against the interest of the petitioner.