Legal Question in Civil Litigation in India

Regarding housing complex

Is it possible to alter the outer looks of a building without the consent of all the members living in that building?

Actually, we live in a three storeyed building, in the first floor. The person living in the ground floor wants to remove the window(that faces the roadside ) and wants to replace it with a door . Nobody in the flat is consenting to this but he is adamant to do this. Even the promoter is not allowing this but he is not paying any heed to anybody. Please advice me what legal steps can be taken to stop him?


Asked on 3/02/08, 12:05 pm

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Regarding housing complex

You can surely bring an stay from the court. Before that you may approach to the corporation stating an application regarding the facts by undersigning from all the members.

In case of need please contact personally alongwith the details.

Professional charges are applicable.

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Answered on 3/05/08, 7:24 am
Sanjay. K. Dixit, Advocate. Sanjay K Dixit, Advocate @ Karnataka Bar Council Enrolement No: "KAR/898/2007"

Re: Regarding housing complex

Dear Friend,

If the housing complex alloted by the municipal authority, then check the status of easement applicable to each members of building with respect to the memorendum of easement aggrement aggreed, signatured previously, or not ? And move an application of injunction in the court of law aganist member who instals the ground floor door installation, bring factual knowledge to the municipal authority mere reason to restrain it. Ty, Regards,

Advocate, sanjay k. dixit.

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Answered on 4/06/08, 8:40 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Regarding housing complex

file application with muncipality and stop the work illegally proposed if it doesnot work go in court and obtain injunction

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Answered on 3/08/08, 9:26 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Regarding housing complex

You can apply to the Muncipal Corp authorities as it amounts to alteration in the original plan/structure of the bldg already approved by the Authorities before going to the court.

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Answered on 3/07/08, 6:49 am


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