Legal Question in Civil Litigation in India
In this case in Pune, A co-operative society of plot owners was formed and plots alloted to individuals as allotments and Share Certificates issues to the each member. Members had their choice in either constructing over the plot for personal use or to hand over to a builder to construct the Ground floor for Plot owner and sell the upper two floors to recover the development cost. Stilt Parking and two flats of 600 sq ft on Ground floor,2 600 sq ft flats on first floor, 3 flats of 400 sqft on second floor. (total 3600 sq ft built up)
The builder made development agreement with plot owner clearly mentioning that the Ground floor + Stilt Parking area is exlusive for plot owner and other flat owners / sub-members have no stake or claim on it.
The plot owners society has no control or claim on Maintainance activities of such buildings. Common expenses are borne by the members of the building by themselves.
Problem:
the two flat owners on the second floor started claiming stake on the stilt parking area even though it is clearly mentioned in their agreements that they have no stake or claim on that part. They have started harassing the plot owner through goons and regular fights. they have stopped contributing towards common expenses to harass the plot owner.
Can any action be taken againts such persons? Please help.
1 Answer from Attorneys
Approach police for any harasment by Goons.
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