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Gagan   20 November 2017

Water leakage from house owner above

Hi Lawyerscludindia, 

I am here with a question seeking help / advice. Thank you in advance.

My dad and his brother have received as part of ancestral property, one house each. One on top of the other.

The ceiling and walls in the lower house (my dads) is leaking and wet beyond livable conditions. We have tried to talk to my Dad's brother but he has bitter feelings against his brother and not willing to talk nor help. My dad has tried to explain that it could be coming from the leaking bathroom flooring above but his brother is not ready to speak nor shown us the inside of his house to verify.

We strongly suspect it could be the old bathroom flooring that is causing the issue. We have made multiple attemps to talk to his brother above but in vain.

Is there a leagal action / notice that we can send that states that he is damaing our property. A legal demand for him to fix the leaks if caused by his house?

Regards.

Note* This is not a flat. Rather a 40 year old building that was built as two seperate houses one on top of the other. 

 



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 2 Replies

Md. Malik Uddin   21 November 2017

Yes of course a legal notice needs to be sent and thereafter if the matter is not resolved then you will have to file a civil suit and also injunction.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     21 November 2017

Since your building is old, you can bring this notice to the municipal authorities so that any rectification to be done they will send them a notice to rectify. 


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