A.
Dear Client,
In your case through you have a house at Gurugram where your neighbour is constructing a house on the common wall and is under paying or is not paying at all for his share of construction, you can avail of several legal remedies. First of all, make sure that through the statement the wall remains a joint wall which will show that both owners are to contribute to the cost of maintenance and repair. Write a letter to the neighbours reminding them to settle the legal costs which they are entitled to half of the cost of putting up the common wall. In case of their failure to reply or their negative reply, legal action can be taken by filing a suit for recovery under the provisions of the Indian Easements Act, 1882 which touches upon the rights and liabilities of the owners of adjoining properties with regard to party Walls. Also, if you find that some construction has been done without a permit and is against the code, then you can report the same to the municipal authority of the area. However, it is recommended that you seek advice from a property lawyer to know and follow the right legal processes as well as prepare the right legal documents. Lastly, setting a legal notice, going to the civil court and seeking the legal advice of an attorney play the final part of the solution.
Hope this answer solves your problem.
Posted On 19-Aug-2024
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