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Legal rights of independent floor owner in a residential property


04-Feb-2023 (In Civil Law)
My parents bought the 2nd floor in a residential locality some 22 years back. The ground and first floor belongs to a family who moved prior to us. Now that me and my sibling have moved out, my aged parents are facing harassment from our neighbours below. While we are ready to cooperate and live in peace, it seems they want to rebuild the house again and want my parents to vacate. We belong to a service oriented middle-class family and do not have the time, money or inclination for reconstruction. My father is 75 and my mother is nearing 70. All they want is to live in peace. However, it seems that our neighbours are hellbent on getting their way and won't stop at anything. I want to know: 1) what are the legal rights of an independent floor owner and especially senior and super senior citizens in such a situation? 2) Can they sell the floor independently or do they need to only sell it to the family below?
Answers (3)

Answer #1
803 votes
hello clients as i can see your issue iss seems to be important issue as you have mentiones above matter seems to be a kind of harrasment and nothing else. in this matter there is no boundation on your father to sell your floor to pertucular person only . if you need any legal action against those people.
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Advocate Vishwanath Pratap Singh

Adv. Vishwanath Pratap Singh

LawRato Delhi | 1000+ Answers
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Answer #2
603 votes
hello client, I went through your query. send a legal notice through a lawyer. if the matter doesn't resolve with a legal notice then file a case against them. for further guidance and legal help you can contact me.
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Advocate Megha Mary Thomas

Adv. Megha Mary Thomas

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Answer #3
772 votes
Since you have purchased the floor independent therefore being the legal and seperate owner you have complete right to stay there. Now for the point of harassment there is specific law which caters to the need of the senior citizen and their well being. Being in a capacity of Guardian you can approach the forum to get protection from harassment from the respective parents. Now your answer to selling of floor, yes you can sell the floor independently irrespective of anyone which bowing to the demand of other family living there.
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Advocate Himanshu Sharma

Adv. Himanshu Sharma

LawRatoDelhi | 50+ Answers
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