Legal Question in Real Estate Law in India

I have a row house. I built a upper storey in the row house. In the first floor, the wall was already built by the adjoining owner. Initially I presumed that the wall was common wall. I built a bath room attached to the wall. Tiles also have been fixed on this wall. The neighbour came out latter after my house totally built up, that I need to pay around 80% of the total cost of material and labour of existing charges since the wall is in his side. I now confirmed that the wall was truely built up initially on neighbours side. Now should I need to pay what he is asking and if I pay, how to make sure that again latter on, if he sells to somebody / his son does not demand again or says that they need to build up the wall in centre (party wall). Should I do some sort of agreement.


Asked on 4/12/14, 12:59 pm

2 Answers from Attorneys
Fca Prashant Chavan Expert Edge LLP

13.04.2014

Dear Sir / Madam,

You should tell your neighbour that since it is a common wall separating the upper storeys, at most, you will share the cost of construction of the wall with your neighbour, nothing more.

Regards,

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Answered on 4/12/14, 2:08 pm
Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Negotiate with him and try to settle the matter at 45-50%. Thereafter draw the settlement to the effect that the wall is common to both the houses and have the same witnessed by two neighbours. This deed would help you in future. You may drop in a detailed query at [email protected]

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JSR/13414

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Answered on 4/13/14, 1:33 am


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