Property Dispute
2 years ago
There was a registered will made by my grand father for the property that he has owned. in the property his three son resides and the property has 4 floor including the ground floor. now the ground floor half portion has gone to the eldest son and the rest is equally shared by the other two son. 1st floor, is given to youngest son, 2nd floor is given to elder son and 3rd floor with roof rights is given to the eldest son. Now the issue is he is not allowing the other resident legal heir of the will to go on the roof to look out the water tanks and asking us to remove the water tanks, does he has any right to obstruct us from not going and looking after the water tanks as it has not been placed there in recent months it is there since the property was reconstructed. Also he is renovating the 3rd floor which is according to the will is given to him, whilst renovating he has dismantle the water pipes as the property was reconstructed in 1990's now by doing this, water sepage problem has occur to the other two floor ( 2nd & 1st Floor of the same property ) causing severe damage to the 2nd & 1st floor of the property. How can we get the recovery of the damage done by them and they have not given any notice to us of removing the water pipes. Please guide us as we are in a dire need of help regarding this as it has disturb our daily routine life and causing damage to our property. We have called police and make them in to their notice, the Head constable stay he can only note down the details and can ask not to lock the roof & cannot stop us from looking the water tanks but for other issues like damage we have to move to the civil court.
You have to file a suit for damages and claim compensation. Police have no jurisdiction to entertain to complaints involving civil matter. Better to get issue a legal notice then approach a civil Court.
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Sidhaarth
Responded 2 years ago
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
You have easement right in his property. He can't deny you the access and in case he is obstructing you, you can move legally and get a court order for the same. You can sue him for the damages he caused.
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
You can approach the court. He does not has any right to obstruct you as you have the easement right in that property. You can also claim for compensation for the damages occurred because of his act.
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