Super structure on common wall Super structure on common wall

3 months ago

My neighbour has demolished our common wall and has created super structure on common wall on their side. They are claiming that it's their side of common wall so they can create their house on it but now their remains no common wall between our houses.
Please advise what we can do.

Legal Counsel Vidhikarya

Responded 3 months ago

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A.Dear Client,
A common wall between the two houses is considered a demarcation of land and no construction or demolition on said demarcation is allowed under the state-specific Land Reforms Act and Municipal laws. So, given the situation, you should bring the matter to the concerned authorities for necessary action against the errant neighbors and additionally, can file a suit for a declaration and injunction before the Civil Court claiming compensation against the damage caused by unauthorized demolition and construction on the demarcated land by the neighbors. Reach out to an Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 months ago

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A.Dear client,

In a common wall, both parties have equal rights over the wall. You may invoke the clauses if you have any agreement on the wall. However, if the neighbour does not obstruct the wall, you may file a case on encroachment against him or issue a legal notice regarding the same. Land encroachment is a process of when someone violates your property rights. You can complaint to the respective authority through either the Land encroachment act or through Section 441 of IPC.

Thank you
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 3 months ago

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A.Dear Sir
You should have approached the Court before demolition. Now also you can approach with your
photograpahs and video if any and seek demolition of such super structure.
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