Legal Question in Real Estate Law in India

Co-op Housing society boring's ownership related

We have borewell in our society, conveyance deed not yet complited.

In our registration builder has given one point where the builder has right to give borewell water connection to any other society or for his own other construction purpose. He has given this connection to other society.

can we disconnect this connection legally as the borewell is in our premises?

the other society claiming that we are not owner of the borewell as conveyance deed not passed so we have no right to disconnect the connection


Asked on 5/22/12, 2:26 am

3 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

22.05.2012

Dear Sir / Madam,

In common parlance, all amenities and facilities from the land on which the Society building has been constructed will be for the sole benefit of the Society. Since the borewell is inside the compound of your Society, there is no question of the Developer / Builder giving the connection to another Society.

You may write to the Builder that the water from the borewell is required for residents of the building itself, and request him to immediately disconnect the borewell connection provided to another Society, failing which Police action will be initiated.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/22/12, 8:51 am
Fca Prashant Chavan Expert Edge LLP

22.05.2012

Dear Sir / Madam,

In common parlance, all amenities and facilities from the land on which the Society building has been constructed will be for the sole benefit of the Society. If the borewell is inside the compound of your Society, there is no question of the Developer / Builder giving the connection to any other Society.

You may write to the Builder that the water from the borewell is required for residents of the building itself, and request him to immediately disconnect the borewell connection provided to another Society, failing which Police action will be initiated.

You can mail me for any further on-line advice at [email protected]

Regards,

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Answered on 5/22/12, 8:54 am
Shrichand Nahar S.V.Nahar, Advocate

You may not be able to disconnect, unless you get an order from court for the purpose.

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Answered on 6/07/12, 12:07 am


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