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water leakage from above flat and damaging ceiling .
01-Dec-2023 (In Property Law)
I Jayesh residing in flat no. 201. This is regarding leakage problem from above flat 301. There is continue water dropping from the ceiling of my bedroom, Kitchen and passage in front of bathroom. This leakage problem is from last 15 days as I requested the above flat owner to please do the need full and stop the leakage. Since several request done to the owner the leakage has not stopped. They are not taking necessary action.
Please advise me what step to be taken forward. Please also provide information about supreme court judgement on water leakage from upper floor flat in similar case.
Sir/Madam,
With reference to your query depending on the situation where you reside you can approach society and owner in writing for the damages you have incurred. If there is no society you may approach local municipal authorities and also file a complaint against owner. You can further claim damages for the damages your have incurred in your house.
For further queries you can contact me.
With reference to your query depending on the situation where you reside you can approach society and owner in writing for the damages you have incurred. If there is no society you may approach local municipal authorities and also file a complaint against owner. You can further claim damages for the damages your have incurred in your house.
For further queries you can contact me.
Helpful?
39+
39+
Adv. Saqib Gigani
Mumbai | 100+ Answers
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What if upper floor flat owner is not repairing his toilet seepage?
If you do not receive a response from the secretary, you can issue a legal notice to both the owner and secretary, after which you will be able to initiate legal action at the appropriate court or forum.
Who is responsible for a leak from an upstairs flat?
In these cases, your landlord will be responsible for the repair of any damage. This is because your tenancy contract includes a clause that says they must keep certain things in good condition. This includes maintaining the structure of your house, such as the ceilings, walls and plasterwork.
What to do if water is leaking from upstairs?
Call a roofer or a plumber.
The weather outside can be a good indicator for the type of leak that you have, even if you cannot pinpoint the exact cause. You probably have a leaky roof if it is raining. You probably have a leaky plumbing system if there is no rain. 05-Nov-2020
How do I complain about water leakage from above flat?
6. You can also file a complaint with the police if necessary. This is especially true if you suspect negligence or intentional damage. 7. You may have to go to court if all else fails.
This is my response to you:
1. Complain to the society manager with a formal complaint;
2. If it does not get resolved then send a legal notice;
3. Last option is to approach the police station and file an NC against him for breach of peace;
4. Consult a local lawyer and take steps.
1. Complain to the society manager with a formal complaint;
2. If it does not get resolved then send a legal notice;
3. Last option is to approach the police station and file an NC against him for breach of peace;
4. Consult a local lawyer and take steps.
Helpful?
37+
37+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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In the event of water leakage from an upper-floor flat that is damaging your ceiling, there are several steps you can take to address the issue:
1. Inform the Neighbor: Start by informing the occupants of the upper-floor flat about the water leakage problem. They may not be aware of the issue, and it's essential to maintain good communication.
2. Document the Damage: Take photographs and videos of the water damage to your ceiling and any belongings that may have been affected. Documentation will be valuable in case you need to take legal action.
3. Check Society Bye-Laws: Review the bye-laws of your housing society or apartment complex. Many housing societies have specific rules and regulations regarding issues like water leakage and responsibilities for repairs.
4. Inform the Society Management: If the issue persists and the upper-floor occupants do not take appropriate action, report the problem to the management or governing body of your housing society. They may be able to mediate the issue or enforce the society's rules.
5. Send a Legal Notice: If the matter remains unresolved, consult with a lawyer and send a legal notice to the upper-floor occupants, outlining the issue and requesting them to rectify it within a specified timeframe.
6. File a Complaint with Police: If necessary, you can file a police complaint regarding the water leakage issue, especially if it is causing significant damage or if there is a suspicion of negligence or willful damage.
7. Seek Court Intervention: If all else fails, you may need to take the matter to court. Consult with a lawyer to explore legal options and potentially file a case against the upper-floor occupants for damages and repairs.
It's essential to consult with a legal professional who specializes in property matters to guide you through the appropriate legal steps based on the specific circumstances and local laws governing property disputes.
1. Inform the Neighbor: Start by informing the occupants of the upper-floor flat about the water leakage problem. They may not be aware of the issue, and it's essential to maintain good communication.
2. Document the Damage: Take photographs and videos of the water damage to your ceiling and any belongings that may have been affected. Documentation will be valuable in case you need to take legal action.
3. Check Society Bye-Laws: Review the bye-laws of your housing society or apartment complex. Many housing societies have specific rules and regulations regarding issues like water leakage and responsibilities for repairs.
4. Inform the Society Management: If the issue persists and the upper-floor occupants do not take appropriate action, report the problem to the management or governing body of your housing society. They may be able to mediate the issue or enforce the society's rules.
5. Send a Legal Notice: If the matter remains unresolved, consult with a lawyer and send a legal notice to the upper-floor occupants, outlining the issue and requesting them to rectify it within a specified timeframe.
6. File a Complaint with Police: If necessary, you can file a police complaint regarding the water leakage issue, especially if it is causing significant damage or if there is a suspicion of negligence or willful damage.
7. Seek Court Intervention: If all else fails, you may need to take the matter to court. Consult with a lawyer to explore legal options and potentially file a case against the upper-floor occupants for damages and repairs.
It's essential to consult with a legal professional who specializes in property matters to guide you through the appropriate legal steps based on the specific circumstances and local laws governing property disputes.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
According to law, if the leakage was not caused by the owner of the apartment above you, the costs to repair/stop the leakage must be shared equally between you and the owner. If the flat owner above refuses to share costs and cooperate, the same procedure must be followed.
Helpful?
Adv. Chikirsha Mohanty
Delhi | 200+ AnswersCONTACT NOW
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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