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Water seepage

Querist : Anonymous (Querist) 28 September 2023 This query is : Resolved 
I purchased resale flat in Mumbai in the month of Feb 23 and the seller of this flat has purchased flat which exactly below my flat at the same time.
While purchasing, I asked very clearly if the flat have any structural issues but they have not mentioned any such.
Now after 4 months of shifting to this flat they are asking me to fix the issue of water seepage happening from one of the bathroom.
My question is who is responsible for this? Only just I live in above flat is not rational. The same party sold me this flat without disclosing this water seepage issue. I am sure this issue was there at a time of selling the flat but purposefully they hid it.
I believe RERA laws are even applicable for the resale flat and even which are not registered with RERA. Is there any other law which can protect my interest as my stand is genuine? the seller should have disclosed this problem to me at a time of purchase itself.
Sudhir Kumar, Advocate (Expert) 28 September 2023
normally you should be responsible.

however in your case the resident below is the same person who sold you defective house recently.

you can claim damages from him.
P. Venu (Expert) 28 September 2023
The buyer is responsible in terms of the provisions of Section 55(1)(a)&(c) of the Transfer of Property Act -
55. Rights and liabilities of buyer and seller.—In the absence of a contract to the contrary,
the buyer and the seller of immoveable property respectively are subject to the liabilities, and have the rights, mentioned in the rules next following, or such of them as are applicable to the property sold:
(1) The seller is bound—
(a) to disclose to the buyer any material defect in the property or in the seller’s title thereto of
which the seller is, and the buyer is not, aware, and which the buyer could not with ordinary care discover;
(b) to produce to the buyer on his request for examination all documents of title relating to the property which are in the seller's possession or power;
(c) to answer to the best of his information all relevant questions put to him by the buyer in
respect to the property or the title thereto;
(d) on payment or tender of the amount due in respect of the price, to execute a proper
conveyance of the property when the buyer tenders it to him for execution at a proper time and place;
(e) between the date of the contract of sale and the delivery of the property, to take as much care of the property and all documents of title relating thereto which are in his possession as an owner of ordinary prudence would take of such property and documents;
(f) to give, on being so required, the buyer, or such person as he directs, such possession of the property as its nature admits;
(g) to pay all public charges and rent accrued due in respect of the property up to the
date of the sale, the interest on all incumbrances on such property due on such date, and,
except where the property is sold subject to incumbrances, to discharge all incumbrances
on the property then existing.

You may serve a Legal Notice and escalate the issue further through a civil action, if so required.
Querist : Anonymous (Querist) 28 September 2023
Thanks. Yes as per clause 1.a The seller was suppose to disclose this issue to me but he didn't. I will serve notice to them.
T. Kalaiselvan, Advocate (Expert) 29 September 2023
If you are sure that this problem existed even before you purchased the property, then you can resort to the proposed legal action.
If the leakage is due to water supply line/drain line, than that shall be fixed first. Here the flooring will have to be compulsorily changed. Because the tiles would be affected by the leak which in future may crack/break. But while changing the flooring of the bathroom, water proofing should be done.
In case there is leakage from above flat, the responsibility to carry out repairs lies with the owner of the above flat. This is because the source of leakage is located inside their property.
Sudhir Kumar, Advocate (Expert) 30 September 2023
let him file a case and you can defend.
T. Kalaiselvan, Advocate (Expert) 01 October 2023
If the problem seems to be due to the other person, allow him to initiate legal action which you can challenge and make a counter claim for the damages you suffered by filing a counter claim in the same suit

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