Construction of temporary rain shed structure of 1 foot on my own flat-window Construction of temporary rain shed structure of 1 foot on my own flat-window

5 years ago

I have a flat on colony land in a 3-storey building having no sanctioned plan from Corporation. Beside our building, the previous owner of all the flats of the building resides in his own constructed house. The gap between my building and the previous owner's house is hardly 2 feet(considering the sun sheds of his house). Now, I have constructed a temporary fibre glass sheet rain sheds of 1 foot on my verandah and window. This was verbally informed to the flat owners but now they are denying it. The window rain shed is on the front side of the building while the verandah is on the back side. The residents of the flat owner are complaining regarding the rain shed on the window. They say it is the common space of the building and obstructing the view of the flat owner who is staying above my flat. There is no complain regarding the rain shed on my verandah. They have given a written notice to dismantle the rain shed at my own cost else they shall exercise their own civil rights and dismantle the shed. A one foot rain shed can cause no obstruction in view, infact my previous flat was on purchase land and in a complex where I had built the same rain sheds but there was no complaint from no flat owners. Before buying my new flat I enquired if I can build rain sheds from the then owner and he informed me that I can. My flat deed also contains no clause that I cannot install temporary 1 foot rain shed structure on my window. Under such circumstances, am I liable to remove the rain shed? The permanent sunshed structure of the building is very small and fails to keep away rain water from entering.

Deepak Yashwantrao Bade

Responded 5 years ago

A.Dear client you can solve your issue amicably into society meeting.if they didn't reply you then you can issue legal notice through lawyer.
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Anonymous

Replied 5 years ago

Sir, a meeting has been already done and they are adamant in their stand to have the shed removed. I am a new buyer of the flat and shifted to the new flat only two months back. They have written in their notice that they will exercise their own civil right and remove the shed by themselves if I don't remove the shed within 10 days. Can I consider it a threat and keep the local police informed in a general diary? May be the copy of the GD can prohibit them from destructing my property.

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Deepak Yashwantrao Bade

Replied 5 years ago

Dear client try to settle your matter amicably.if they threat you again then you can take help of police.

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Vidhi Samaadhaan Vidhi Samaadhaan

Aashish Kumar

Responded 5 years ago

A.Don't remove the shed . Let them file case against u where u can put your point in defence that it is a necessary requirement to put shed in window.
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Anonymous

Replied 5 years ago

They have written in their notice that if I don't remove the shed within 10 days then all flat owners shall exercise their own civil right and arrange for the destruction of my shed. Can I consider it as a threat and keep the local police informed as a general diary so that the copy of the GD can stop them from touching my property?

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Aashish Kumar

Replied 5 years ago

Yes u may file a complaint in police station. Try to settle the matter amicably. If u file complaint then u will have the proof if society go to the court . It is a civil matter , don't worry.

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Vidhi Samaadhaan Vidhi Samaadhaan

Rameshwar Dadhe

Responded 5 years ago

A.By advocate Rameshwor dadhe dear sir you propound this issue in the society meeting. If it register. It is not big issue solve it peacefully
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Anonymous

Replied 5 years ago

The society is not registered..the flat is built on a colony land..that is on a plot gifted by West Bengal Goverment to immigrants from Bangladesh and Pakistan..hence it does not have a sanctioned plan from corporation too..as far as neighbours are concerned they are adamant to remove the shed by themselves if I do not remove it. Can they do so without my permission or without the consent from any Court of Law?

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Rameshwar Dadhe

Replied 5 years ago

By advocate Rameshwor dadhe dear sir you should approach to the court

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Anonymous

Replied 5 years ago

They have written in their notice that if I don't remove the shed within 10 days then all flat owners shall exercise their own civil right and arrange for the destruction of my shed. Can I consider it as a threat and keep the local police informed as a general diary so that the copy of the GD can stop them from touching my property?

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Vidhi Samaadhaan Vidhi Samaadhaan

Rajender Prasad

Responded 5 years ago

A.you just have meetings with the nearby neighbours who are raising objectiion for solution of your problem. For detailsplease contact an advocate throughvidhikarya.com
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Anonymous

Replied 5 years ago

The society is not registered..the flat is built on a colony land..that is on a plot gifted by West Bengal Goverment to immigrants from Bangladesh and Pakistan..hence it does not have a sanctioned plan from corporation too..as far as neighbours are concerned they are adamant to remove the shed by themselves if I do not remove it. Can they do so without my permission or without the consent from any Court of Law?

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