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Roof leaking, upstairs owner not co-operative

(Querist) 18 November 2013 This query is : Resolved 
Hello

I own a house which is 8 years old. The roof of my apartment is leaking due to some main/drainage line running through the roof is subject to corrosion(assumption). The owner of the upstairs is not co-operative not even willing to visit, acknowledge the problem, let alone bear a 50 % cost for repair. Both the houses have been let out to tenants. My tenant is a permanently disabled elderly lady who is being affected by the incessant dripping. I have gone to the society who acknowledged the problem but asked me to solve the problem with the upstairs owner by myself.

I am not able to do so as the the upstairs owner is not even picking up my calls. I will be grateful if any of you can let me know what are the legal options I have. I would ideally want to resolve this amicably but unable to do so. That's why I am thinking about legal. Can I get a court order asking the upstairs people to NOT use any bathrooms/ taps ?

Thanks in advance
Sarvesh Kumar Sharma Advocate (Expert) 18 November 2013
Send a legal notice. And then file case
BAALASUBRAMANNYAMM (Expert) 18 November 2013
Refer your problem with the elders and made a panchayat and try to settle the issue in an amicable way. If not send a notice asking the owner of upstairs, to rectify the defect.
R.K Nanda (Expert) 18 November 2013
send lawyer LN to owner of flat to get repairs done asap so as to stop leakage.
Rajendra K Goyal (Expert) 18 November 2013
First try for amicable solution, if not possible send legal notice to owner and the society, followed by the civil suit.
Sudhir Kumar, Advocate (Expert) 18 November 2013
upper floor owner will never cooperate unless made to do so.


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