Legal Question in Real Estate Law in India

Re: possible destruction of property

Your query is not very clear. What kind of pipe was fixed ? why such pipe was fixed ? whether permission of that person was obtained orally or in writing ? Unless you post a clear query, it will be difficult to say anything.

Re: possible destruction of property

Dear Sir,

Analysing the facts provided through your e-mail, we are of the opinion that by giving you the permission to construct the pipe in question, your neighbour clearly agreed to your use of his property for the said purpose. According to Section 115 of the Indian Evidence Act, 1872 �When one person has, by his declaration, act or omission intentionally caused another person to believe a thing to be true and to act on such belief, neither he nor his representative shall be allowed, in any suit or proceeding between himself and such person, to deny the truth of that thing.� Therefore, he can be estopped from removing the pipe.

However, under the circumstances, you must try to resolve your problem with your neighbour on the grounds of mutual need and convenience . You could also take the help from the Residents� Welfare Association (RWA) of your locality, in making your neighbour understand that it is not a case of encroachment by you and his non-cooperation is against the interest of entire locality.

You may also take a legal action including criminal action against him in case the problem is not solved amicably and your neighbour causes any destruction to your property.

Thanking you,

Yours truly,

Dubey & Partners

310, New Delhi House

27, Barakhamba Road

New Delhi - 110 001

Tel: 91-11-23323884/51511473

Fax: 91-11-23323890

E-mail: [email protected]; [email protected]