Illegal Parking lot
2 years ago
My question is, my property builder has constructed a parking tower which is coming till my floor, earlier when the decision was made to built one, they assured us that it wont come till our level. Since I have to go abroad with my family for couple of years, the builder seize the opportunity and built the parking lot till my apartment. Now when we are asking them to remove the upper section of the parking tower, they are denying it saying its not that something which can be done. Can you please advise me on this, whether I can take him to court and ask them to get rid of the top floor?
A.Dear Sir,
You may get issue a legal notice and file a suit for mandatory injunction to get it demolished. It is nothing but encroachment of your privacy and also violating the terms and conditions as assured to you at the time of your purchase.
Lucem Leg
Responded 2 years ago
A.Dear Sir,
You may kindly note that if there was an agreement made between you and the builder regarding the parking tower that it should not be made until that level. If it is then you can get the stay or get the order for removing that part from the court by filing a suit against the builder.
It's against the law to start a construction project or just enter another person's land without their consent. Trespassing is a legal word that refers to entering someone else's property without their consent. You can seek criminal or civil remedies, such as an injunction or IPC section 411.
Thank you very much.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
It is illegal to begin building or simply access another person's property without their permission. Trespass is a legal term that prohibits a person from accessing another's a property without their permission. You can reach out for penal or civil remedies, ie an injunction or section 411 under IPC.
Thank you.
Varsai & will
Sale deed mentions that roof has ownership to owner(builder) not flat owner
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Gift deed
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