Property rights
mani
(Querist) 12 October 2013
This query is : Resolved
Hi, I want to discuss about a property, my own house in New Delhi which I sold back in 2005 (2nd floor). I sold the floor with a clause in the sale deed, SECOND FLOOR WITH ROOF NO CONSTRUCTION, as we are only two people in the family.. We never thought of needing such a big house. But my lawyer insisted while drafting the deed to include this clause, so no one can make further construction in the future.
NOw issue is the owner wants to built 3rd floor and he keeps on fighting that roof belongs to him, but it's specifically written he do own roof but no construction.
We own ground and first floor.
I want to ask few questions?.
1) is it legal that he can make construction while it is written WITH ROOF NO CONSTRUCTION. because he harass us saying now the rules have been changed and thus it over rides the above statement and he don't need to obtain an NOC or any sort of paper work. Are these law retrospective?
2) last year when I went out of delhi for few days to attend a marriage, he erected a temporary room or construction of plastic sheets with steel support and also covered the stairs and made a small room. He also had a steel gate in the way denying us the right to go upstairs. He also refuse to give us the keys. can he do that if he owns SECOND FLOOR WITH ROOF NO CONSTRUCTION?
3) how can we get that temporary room in stair case and on the roof removed, I mean how to process the complaint and to whom?
I will be retiring soon and i want to settle this because I don't have the power or time to fight with them. They harass us all the time. after every few weeks they come with new plans and strategy. in fact our neighbours has also erected 3 floors but they are not following hence I guess they also know they can't construct but they keep on harassing us, it's so annoying. kindly give your advice as how to deal with this situation.
Thanks in advance for your advice and precious time.
Devajyoti Barman
(Expert) 12 October 2013
1. No , he can not make construction on 2nd floor .
2. File a suit for declaration and mandatory injunction.
3. read point no.2
mani
(Querist) 12 October 2013
Thanks so much sir for a quick response, but can you tell me where and how to file a suit for declaration and what does MANDATORY INJUCTION means?
Rajendra K Goyal
(Expert) 12 October 2013
In the court having jurisdiction of your area. Contact a local lawyer.
ajay sethi
(Expert) 12 October 2013
contact a local lawyer . you have merely sold the second floor . no construction can be carried out without your consent . complain to muncipal corporation about unauthorised construction carried out by flat owner of second floor .
you can also file suit restraining him from carrying out any further construction on 3rd floor and to demolish unauthrorised construction made on th terrace without your consent .
