Legal Question in Landlord & Tenant Law in India

Renovate flat in Mumbai

Hello, my parents decided to renew out flat in Mumbai in Jan'08. As part of the renovations, we are converting the flat from a one bedroom, one bath to a two bedroom, two bath. The owner of the building has no problem with our renovations. However the tenant living underneath out flat does not want any pipes to go over her ceiling for the second bathroom and is constantly complaining to the BMC. Please note that there is no structural change to the building and the BMC is OK with our renovations as well (though they are not willing to put this in writing). The tenant who is complaining had given us a NOC but she is now claiming that the NOC is not with regards to the second bathroom. We are even ready to offer her a letter stating that if there is any damage because of the second bathroom that we will cover the repairing costs. Does the tenat who is complianing have any legal recourse? As property owners, do we have the right to make these changes to our flat? What are our options? Thank you for your time. Regards,


Asked on 4/12/08, 4:36 pm

4 Answers from Attorneys

Re: Renovate flat in Mumbai

No.unless and untill the renovation work cause any damage to her or her property.

Read more
Answered on 4/16/08, 4:08 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Renovate flat in Mumbai

If you are owners and renovating with consent of BPMC where required and owner of the bldg then you have right to make changes in the flat without damaging other property or harming the bldg.

Read more
Answered on 4/14/08, 12:32 am
Vivek Mapara Vivek N. Mapara

Re: Renovate flat in Mumbai

If you have got permission from the owner of building and also NOC from BPMC then your legally entitled to do the changes for which such permissions are obtained, irrespetive of any objections from the other owners.

However you have to be careful that the others property is not damaged or any extra burden is put upon the others property. If it is done, then you can be restrined to do such changes, and you cannot say that you will bear the burden for those damages, and continue damaging the others property

Read more
Answered on 4/13/08, 5:46 am
Vijay Chandavale Advocate Vijay Chandavale & Associates

Re: Renovate flat in Mumbai

you can well settle the matter with such complaining persons if not you can go for legal remedy by filing a suit for injuction and other reliefs

Read more
Answered on 4/13/08, 10:57 am


Related Questions & Answers

More Landlord & Tenants questions and answers in India