Neighbour opposing demolition of my building-Reg

3 years ago

Dear Sir/Madam,

I own a commercial building complex rented to shops tenants in our municipal city. It is a 70+ years old building and in bad shape with no scope for renovation.

My brother's commercial building complex adjacent to mine shares the same civil structure and he has rented to few shop tenants.

Now I wish to demolish the building and reconstruct for safety reasons but my brother is not agreeing and saying he get a stay order against demolition of my building.

I request you to kindly give me a solution on how to proceed further in this property issue.

Thanks and Regards,
R G

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Anik

Responded 3 years ago

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A.Hi,
Take all necessary permissions from your Local Authority. Additionally, File a caveat petition in the local Civil Court and the High Court so that he cannot get stay without notice to you.

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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hello,
You should apply to concern local authority i.e. municipal corporation for grant permission to demolish the building, since the building is bad in shape.

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Kishan Dutt Kalaskar

Responded 3 years ago

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A.Dear Sir,
You may get demolition order from the local authority/Municipal Authority saying that it is in dilapidated condition and its existence may cause danger to the public at large and the neighbors in particular.

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Shyam Gangwar

Responded 3 years ago

A.After the perusal of the facts and circumstances, it is vital to assert herein that if are the owner than nobody shall stop you from construction the property owned by you, even the court shall not stay the same. You shall have to know that court shall grant the stay only after hearing you and once you represent the factual facts before the court, the court will not even stop from construction. Kindly do your construction as per law.

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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.same civil structure is problem because then that building will also be affected.
let him get stay order first.
then it will be inspected and if found to be in bad shape then you will get order in your favour.

Hope this clarifies,
Advocate Ankur Goel
(Complete Law Shield) #YourLifeYourChoice
Note - This is just a small advice. Proper advice can happen only after going through details.

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