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First floor owner not allowing for construction of the second floor


11-Dec-2023 (In Property Law)
My fried is owner of ground floor and roof of first floor with all the relevent documents and the possession of ground floor and roof of ist floor. Now he wants to construct second floor after the construction plan is approved. As his relations with first floor owner are not very cordial, can in any way he can create trouble for my friend?
Answers (5)

Answer #1
961 votes
m sorry your question is not pretty much clear and it is not possible to ans it without talking to you or you can meet me regarding your query ... any way to some extent i can suggest that you can file case for injunction under specific relief act for that purpose..
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Advocate Shruti Bhardwaj

Adv. Shruti Bhardwaj

LawRato Delhi | 50+ Answers
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Answer #2
880 votes
It seems that the First floor is jointly owned buy too or there are two owners of the first floor. If the right is clear and undisputed and approval of the competent authority have been granted then any kind oh hindrance can not be sustainable . Not being in cordial relation with some one surely give an apprehension that he may create troubles and that can be curtailed by taking preventative measures like informing to the police authority as well as to DDA.
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Advocate Vineet Kumar Srivastava

Adv. Vineet Kumar Srivastava

LawRatoGhaziabad | 25+ Answers
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Answer #3
651 votes
As informed, your friend can undergo construction of the second floor, moreso when the construction plan has been approved by the Govt. authorities. Since the title is not under cloud/ or defective, there can be no trouble, however, while undertaking construction it should be kept in mind that there should not been any damage to the property of the first floor owner or such construction should not in any affect the easmenatry rights, living rights of the first floor owner. The first floor owner can create trouble on frivolous grounds, for which your friend can't prevent.
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Advocate Vishal Saxena

Adv. Vishal Saxena

LawRatoDelhi | 25+ Answers
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Answer #4
537 votes
Yes, he may create problem in doing construction of second floor as he is residing in the same building and having basic rights which are protected under law. He may move to court for stay over the construction of the second floor.
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Advocate Bigul Nanda

Adv. Bigul Nanda

LawRatoDelhi | 50+ Answers
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Answer #5
506 votes
The owner of first floor can creat trouble and his consent will be important for the peaceful construction of the second floor. for the same an NOC can be obtained cordially so that in future no problem arises
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Advocate Mukesh Choudhary

Adv. Mukesh Choudhary

LawRatoDelhi | 50+ Answers
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