Owner of above flat damaging my property
7 months ago
Owner of my above DDA flat is doing all construction flooring work.every year owner changes & new owner do flooring work which cause damage to my roof ot the flat.its damaged too much that no further construction could be done.i go to mcd they put notice to stop the construction of above flat,because roof can fall anytime due to his further renovation work & flooring.he says he will go to high court. I want to know what can i do for this as i cant repair my house because im orphan & my family condition is poor.
A.Dear Client,
Here are some steps you can consider taking:
Consult with a Lawyer: Seek legal advice from an attorney who specializes in property and construction-related matters. They can assess your case, guide you on your legal rights, and help you take appropriate legal actions.
Document the Damage: Document the extent of the damage to your roof and property caused by the construction work. Take photographs and gather any evidence that can be used to support your claim.
Review Property Documents: Review your property documents, including the title deed and any other relevant agreements or documents related to your flat. These documents may contain clauses that govern the rights and responsibilities of the property owners.
Contact Local Authorities: Continue to work with local authorities, such as the Municipal Corporation of Delhi (MCD), to ensure that construction work is halted if it poses a risk to your property. Their notices and interventions can help in stopping further damage.
Engage in Mediation: Consider engaging in mediation or dispute resolution to try and reach an amicable solution with the owner of the flat above yours. Mediation can be a less adversarial way to resolve conflicts.
File a Legal Complaint: If necessary, you may need to file a legal complaint or case against the owner of the flat above yours seeking compensation for damages and requesting an injunction to stop further construction work that is causing harm to your property.
Explore Legal Remedies: Your lawyer can advise you on the legal remedies available to you, which may include seeking compensation, obtaining an injunction, or pursuing other legal actions to protect your property interests.
Community Support: Consider seeking support from local community organizations, NGOs, or housing associations that may assist you in dealing with property-related disputes.
Financial Assistance: If your financial situation is challenging, explore options for financial assistance, grants, or subsidies that may be available for property repairs or legal expenses.
Preserve Evidence: Ensure that you continue to document any ongoing damage and gather evidence to support your case.
Property disputes can be complex, and the outcome often depends on the specific facts of the case and applicable property laws.
Thank you.
Here are some steps you can consider taking:
Consult with a Lawyer: Seek legal advice from an attorney who specializes in property and construction-related matters. They can assess your case, guide you on your legal rights, and help you take appropriate legal actions.
Document the Damage: Document the extent of the damage to your roof and property caused by the construction work. Take photographs and gather any evidence that can be used to support your claim.
Review Property Documents: Review your property documents, including the title deed and any other relevant agreements or documents related to your flat. These documents may contain clauses that govern the rights and responsibilities of the property owners.
Contact Local Authorities: Continue to work with local authorities, such as the Municipal Corporation of Delhi (MCD), to ensure that construction work is halted if it poses a risk to your property. Their notices and interventions can help in stopping further damage.
Engage in Mediation: Consider engaging in mediation or dispute resolution to try and reach an amicable solution with the owner of the flat above yours. Mediation can be a less adversarial way to resolve conflicts.
File a Legal Complaint: If necessary, you may need to file a legal complaint or case against the owner of the flat above yours seeking compensation for damages and requesting an injunction to stop further construction work that is causing harm to your property.
Explore Legal Remedies: Your lawyer can advise you on the legal remedies available to you, which may include seeking compensation, obtaining an injunction, or pursuing other legal actions to protect your property interests.
Community Support: Consider seeking support from local community organizations, NGOs, or housing associations that may assist you in dealing with property-related disputes.
Financial Assistance: If your financial situation is challenging, explore options for financial assistance, grants, or subsidies that may be available for property repairs or legal expenses.
Preserve Evidence: Ensure that you continue to document any ongoing damage and gather evidence to support your case.
Property disputes can be complex, and the outcome often depends on the specific facts of the case and applicable property laws.
Thank you.
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A.Dear Client,
In the prevailing situation, you should approach the DDA to stop the illegal construction which may create an imminent danger and irreparable loss to your house. Section 31(2) further empowers the DDA to forcefully stop the construction. DDA can take the assistance of the police force to remove the person from the construction site who has been doing construction. It can also remove the workers from the place of construction through police assistance. Alternatively, you should file a complaint before the Sub-Divisional Magistrate under Section 145 of the Code of Criminal Procedure (CrPC). Section 145 Cr.PC empowers the executive magistrate to take immediate action necessary for the prevention of breach of peace. The illegal construction will cause a breach of peace and safety. The Magistrate has the power to stop the construction work as well as take a bond from your neighbor under Section 107 CrPC for keeping the peace for one year. You can file a complaint before the Metropolitan Magistrate under section 200 of CrPC for the offense of criminal intimidation that is punishable under section 504/506 of IPC. The magistrate has vast power under Section 200 of CrPC. If you produce sufficient evidence to the court towards threats then he may summon them as accused. Thereafter, a trial will begin against them. You can also approach the State or District Legal Service Authority for redressal of your complaint which is less expensive and affordable for persons belonging to economically weaker sections of society.
In the prevailing situation, you should approach the DDA to stop the illegal construction which may create an imminent danger and irreparable loss to your house. Section 31(2) further empowers the DDA to forcefully stop the construction. DDA can take the assistance of the police force to remove the person from the construction site who has been doing construction. It can also remove the workers from the place of construction through police assistance. Alternatively, you should file a complaint before the Sub-Divisional Magistrate under Section 145 of the Code of Criminal Procedure (CrPC). Section 145 Cr.PC empowers the executive magistrate to take immediate action necessary for the prevention of breach of peace. The illegal construction will cause a breach of peace and safety. The Magistrate has the power to stop the construction work as well as take a bond from your neighbor under Section 107 CrPC for keeping the peace for one year. You can file a complaint before the Metropolitan Magistrate under section 200 of CrPC for the offense of criminal intimidation that is punishable under section 504/506 of IPC. The magistrate has vast power under Section 200 of CrPC. If you produce sufficient evidence to the court towards threats then he may summon them as accused. Thereafter, a trial will begin against them. You can also approach the State or District Legal Service Authority for redressal of your complaint which is less expensive and affordable for persons belonging to economically weaker sections of society.
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A.Dear Sir,
You may go to Court and get an injunction order if such renovation work really giving trouble to you in any manner.
You may go to Court and get an injunction order if such renovation work really giving trouble to you in any manner.
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