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BAIJU KUMAR ROY (SELF)     06 November 2017

Care taker in a flat

I am residing in a standalone building of having 6 flats. Five flat owners have decided under influence of one flat owner among them to have a caretaker who always drink wine & use ganja as well and his behavior also not good. They kept me alone and had instructed to caretaker to keep locked the main gate of the building all the time. To open only for them those five flat owners. Me has given a key to go & come by opening the lock all time. I would like to know that is this way are they not tried to bar my equal right in the building ? What shall i do ?


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 4 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     07 November 2017

The first thing to do is to check your title certificate and/or conveyance deeds to confirm that there is an easement and to check the terms of your right of way. With luck (but this is not always the case) there will be an accurate descripttion of the extent, shape and form of the right of way, and a statement of who is responsible for its maintenance.

Next, consider whether your rights are being infringed and the amount of inconvenience you are suffering. Try talking to your neighbour to find out what his point of view is and then see if you can negotiate a settlement that accommodates both your needs.

If this fails, or if your neighbour is unapproachable in the first instance, and you need professional help, then consider what your needs are before seeking the appropriate professional help:

Otherwise file a petition for grant of easement for your flat in the local civil courts. 

 

P. Venu (Advocate)     07 November 2017

Yes, a civil action lies in the matter. However, before rushing to the Court you may serve  a Lawyer  Notice on the persons concerned..

Dr J C Vashista (Advocate)     08 November 2017

Well advised by experts, I agree.

However, is there any formal association of residents in the apartments where you are residing with other 5 persons? If so, are you also a member and paying your contribution of the association?

 

BAIJU KUMAR ROY (SELF)     08 November 2017

Yes sir there is a formal association not registered. Im also a member & secretary as well. I have been paying all my contribution. When they forced me to continue that person as caretaker, i opposed & said that if he is not terminating then wouldn't pay his salary contribution

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