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How to legally stop neighbor from altering a common wall?
06-Mar-2023 (In Property Law)
my neighbour is going to alter the common wall which will be harmful to my bedroom as well as bathroom, pl. suggest what are the laws for stopping the neighbours to alter the common wall and pl. also suggest the legal notice format.
First of all you should have issued him with a legal notice instructing him to restrain from raising any structure in the common area as he has no rights to utilise the common area meant in common for all and such an action is illegal by law as well as against natural justice. After the stipulate time given in the notice even if he responds to the notice with a reply but is not obliging to comply with the demand made, you may initiate legal process.
The caveat application filed by him in the court is for an information to court that any action to be taken on any case to be filed by you against him is to be informed to him by a notice and no exparte injunction or action to be taken against him . This will not stop you from filing a suit for permanent/mandatory injunction restraining the defendant from erecting any structure in the common area violating others rights in the common area.
So you can very well file an injunction suit against the defendant seeking the relief to restrain him from proceeding with the proposed construction in the common area, and an application to appoint an advocate commissioner to inspect the disputed scheduled property to assess the encroachment of the common area by the erected structure and to submit a report recommending demolition of the encroached common area.
The caveat application filed by him in the court is for an information to court that any action to be taken on any case to be filed by you against him is to be informed to him by a notice and no exparte injunction or action to be taken against him . This will not stop you from filing a suit for permanent/mandatory injunction restraining the defendant from erecting any structure in the common area violating others rights in the common area.
So you can very well file an injunction suit against the defendant seeking the relief to restrain him from proceeding with the proposed construction in the common area, and an application to appoint an advocate commissioner to inspect the disputed scheduled property to assess the encroachment of the common area by the erected structure and to submit a report recommending demolition of the encroached common area.
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Adv. Siddhant Sharma
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