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bala   20 March 2015

Ownership dispute on common water line

Dear Sir


I live in a apartment in chennai which has 6 flats. Builder has provided a common bore water line and a common sump water line to the over head tank. 5 of the residents wants to install a water meter in the bore well line and sump water line (common property - water line) without the consent of the 6th flat owner. Is this legally correct or can the 6th person sue them in Civil Court against their decision ? If this can be sued, under which act of law this comes under ? Please advice.

Basically we want to know if consent from all 6 owners is needed to install a water meter in the common water lines.

We do not have any legal associations in our appartments and there are no by-laws until now declared.

 

Thanks

Pradeep Bala



Learning

 7 Replies

Suneet Gupta (www.vashiadvocates.com)     21 March 2015

Please make a Co-operative Housing Society to handle the common matters related to the property and all the flats, e.g. water, security, cleanliness, etc.

This is the best way to resolve disputes related to shared resources in the same building. Normally the decision of the majority will prevail unless it is malafide or onerous on the dissenting members.

bala   21 March 2015

Dear Suneet Gupta,

 

Thank you very much for your valuable suggestion, we will soon form one. But we just have one more question.

 

1)  As of now, we do not have any legal association or society for our apartments.

In this current situation, is it legally correct , if the majority of the flat owners disturb a common water line without the consent of the dissenting members ? Can the dissenting member go against the majority to a court as there is no legal association for the flats ?

 

Thanks

Suneet Gupta (www.vashiadvocates.com)     21 March 2015

In this case, you can file a case in the Civil Court to save your rights in the common property. Unless, the action of the majority is in the interest of everyone, e.g. to install a meter and charge the members individually or to comply with a legal provision etc., there can be no interference with common property.

1 Like

Samal Kumar (ADVOCATE HIGH COURT OF KERALA)     21 March 2015

As you all are co owners, each of you have equal right with regard to common amenities and you have right to enjoy such facilities without hindrance from any other co owner and without causing hindrance to others.. In the absence of a registered association, consent of each one, either express or implied, is a precondition before taking any decision affecting others right/interest. Since remaining 5 co owners had d acted against your interest, you can file civil suit and obtain an injunction against such action.

1 Like

bala   21 March 2015

Dear Mr Sunnet Gupta and Mr Samal Kumar,

My sincere thanks for the crystal clear explanations you have provided.  A bunch of thanks from all the owners of the flats and we will definetly take your suggestions and form a legal apartment association very soon.

Advocate Ravinder (Advocate/Attorney)     21 March 2015

I Agree with above experts.

T. Kalaiselvan, Advocate (Advocate)     22 March 2015

In the area of common interest especially in the absence of a proper society or association to control and decide about the issues of common interests, no individual of group of individuals can proceed against anyone's interest in the common property without taking consent of the dissenting shareholder/co-sharer. If in the event of any illegal action by others on the lone opposite party, the opposite arty may approach a civil court seeking injunction against all those responsible for it to restrain them from indulging in any act that may go against the interest of the petitioner.


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