Flat Maintenance -Want legal steps to take legal action
2 years ago
Want legal steps to take legal action against the flat owner residing above me for several complaints like water leakage , burning wood for making food, and non maintaining her Flat
A.Dear Client,
Since you are in possession of a flat , you have the full right under to law to enjoy the same without any disturbance. When someone else's improper use of his property interferes with your right of enjoyment of your property, a tort of nuisance has occurred.
To be recognized, inconvenience or discomfort must be more than mere sensitive personal discomfort or annoyance. Such annoyance, discomfort, or inconvenience must be substantial or material in the eyes of the law. Therefore a claim for private nuisance can be filed if:
1. the nuisance is more than what the public has suffered
2. It should be direct
3. It should be substantial
It is also advised that since you reside in a flat, it would be better to approach the flat society/the president and seek their direction. If this fails, you can take a legal action.
Thanks.
Since you are in possession of a flat , you have the full right under to law to enjoy the same without any disturbance. When someone else's improper use of his property interferes with your right of enjoyment of your property, a tort of nuisance has occurred.
To be recognized, inconvenience or discomfort must be more than mere sensitive personal discomfort or annoyance. Such annoyance, discomfort, or inconvenience must be substantial or material in the eyes of the law. Therefore a claim for private nuisance can be filed if:
1. the nuisance is more than what the public has suffered
2. It should be direct
3. It should be substantial
It is also advised that since you reside in a flat, it would be better to approach the flat society/the president and seek their direction. If this fails, you can take a legal action.
Thanks.
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A.Yes, U can complaint to the Society, then the Municipal Authorities & if things don't work out you can send a legal notice to the flat owner
Hope this information is useful .
ADV. ANISH PALKAR (High Court)
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