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Navraj Singh   28 October 2021

Common wall issue

House below mine. Above my brother's. Brother has an adjacent plot. Can he create a house in that plot and join the terrace he has in my plot. Does he require my permission for common wall...


Quick Summary
This discussion addresses a common wall dispute where one sibling wishes to build on an adjacent plot and join their terrace to an existing structure. Key concerns include the necessity of neighbour permission for shared walls, the implications of refusing consent, and the potential impact on existing structures. The consensus suggests that municipal permission is required for new construction, and individual consent is essential for shared walls, with legal recourse available if agreement cannot be reached.

 6 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     28 October 2021

You have to submit the construction plan to the local municipal authorities and get the permission. 

1 Like

Navraj Singh   28 October 2021

@Mr. Rama _ Does he require my permission to go ahead with the construction? What if i do not want to have a common wall? WIll i have to shorten my house and create a normal boundary? The house was constructed by my parents. But we, as present owners of the plot, do not want a common wall with him. 

We also consulted an architect and he said that the house will come down if the stairs are broken. So what should be do now... 

SHIRISH PAWAR, 7738990900 (Advocate)     28 October 2021

Hello,

You have to get the permission from municipal town planning or village office. You also have to consider the safety of your house and architect's opinion. 

1 Like

Navraj Singh   28 October 2021

Mr. Pawar _ Does he require my say in it? What if i say no and he says yes? Will the matter rest with the municipal corporation or will it get closed? Can he force hia decision upon me? 

Advocate Bhartesh goyal (advocate)     28 October 2021

Yes, your permission is essential as both houses are separate units,your brother can not forcefully erect wall,if he does so ,move to court for injunction.

2 Like

Navraj Singh   28 October 2021

Thankyou Mr. Goyal. I understand... 


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