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amanpreet singh (proprietor)     19 August 2012

Property related matter.

 

 

 

 

 

Hello everyone.

I have a query...about 2 months ago we purchased 1st floor of our building (we already had 2nd floor)...that to on a condition that we will close a single door exit through main gate (only exit for 1st & 2nd floor) still there are 2 exits left for ground floor as this is a corner building...

now after 2 months owner is also selling ground floor to a doctor who wants to open a clinic along with residence in ground, he is putting pressure on owner to open that third exit also which will interfare in aur privacy

thereby owner has filled a FIR against us for illegaly constructing a wall and sent us a legal notice through ASI at 10.30 pm on saturday 

what should be my next step...should  i go for stay...

please suggest...



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 August 2012

Dear Mr.Singh,

 

1. The terms and exact scope of your rights in the Sale Deed have to be seen before giving any concrete opinion, what also needs to be seen is the building plan.

 

2. Tentatively - You can seek a stay (Injunction) on the opening of that third exit, where by the court would refrain them from opening such exit atleast till the suit gets decided finally, if it materially inteferes with your enjoyment of the property with privacy, in this regard as I said the sale deed in your favour would be extremely important.

 

Good Luck !

 

Regards,

 

Advocate Bharat Chugh

bharat.law06@gmail.com

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     19 August 2012

Dear Mr.Singh,

1. If the opening of the third exit door - inteferes materially with your peaceful and private enjoyment of the property, then you can seek an injunction(stay) whereby the court would refrain them from opening that up, at least as an interim measure, until your rights and duties are finally worked out.

2. How sustainable this would be, depends on the terms and covenants of the sale deed in your favour.

 

Good Luck !

 

Regards,

 

Advocate Bharat Chugh

1 Like

amanpreet singh (proprietor)     19 August 2012

 

First of all thank you Adv. Bharat Chug for your valuable suggestions

Sir i am providing more details to clarify the case:-

The doctor who is purchasing ground floor have the intention of using that thrid exit as a reception for patients,making Ques and that would certently interfare with our privacy.

This entire building was owned by a single person thats why he was having this 3rd private exit/entry for his own convineince otherwise usually this kind of exits/entry is not found in a buildings

Terms of sale deed of 1st floor read as :-

1.) "That the entry and stair case passage goes from ground floor to top floor which is common for all the occupants of the building" (there is no mention of private entry inside main gate)

2.) "That the vendee can go to roof/terrace of building only for maintenance and repair of T.V. Antenna and watertank"(same applies for ground floor)

[We are having complete roof rights as per terms of 2nd floor sale deed]

My father had faith in oral promise made my owner so he he didn't bouthered to inculcate specifically in sale deed to close this private entry

P.S:-sir i would also like know at time in a day a police officer can deliver a notice,can he deliver on a holiday at 10.30pm also?

Also notice was addressed in the name of my father although 1st floor is in the name of my mother,still it is valid  or not?

A pictures of building form diffrent angles are attached as compresed in winzip...

Waiting for ur reply sir....


Attached File : 977915781 pictures of buiding.zip downloaded: 109 times

Anish Thakur 7018812737 (advocate)     19 August 2012

dear querist , i

had seen your pictures of the building and i came to conclusion after studying your query that you have no need to worry as there are already two exclusive enteries for the ground floor,you have strong grounds of privacy and dnt get panic and give reply of police notice ,also take help of any local lawyer.

1 Like

amanpreet singh (proprietor)     20 August 2012

Thank you Adv. Anish thakur...

 

Sir can this notice be declared as invalid as it is not addressed in the name of my mother who is the registered owner of 1st floor,it is addressed to my father.....?

waiting for ur reply...

Bharath Rao (Senior Analyst)     20 August 2012

Hi All,

Kindly guide me on the below matter:

We purchased a revenue land in 1993 (Which is not converted into a residential plot yet) and got a GPA from the land owner on my mothers name,since registration of land in that area was not sarted at that time. Now that we want to sale this property where we have constructed house on the land in 1998. Can we sale this property on the basis of the GPA which is not registered moreover the owner of the land who had given the GPA is no more (died in 1996). 

Awating for the reply......thanks


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