Legal Question in Real Estate Law in India

I have purchased a 2BHK Flat with 2 Toilets approved by the local development authority but physically built with only one toilet leaving space for another one vacant as per the request of earlier owner from whom i have purchased it. The owner of the flat just below my flat is not cooperating as well as trying to create problem in getting that toilet constructed despite the fact that all the flats above and below me are having toilet at that place. Please suggest my legal rights and remedy to the problem.

Asked on 2/17/13, 11:01 pm

4 Answers from Attorneys

Fca Prashant Chavan Expert Edge LLP

0 users found helpful

0 attorneys agreed

18.02.2013

Dear Sir / Madam,

In the approved layout plan, if there is a demarcated toilet, you should by all means go ahead and construct a toilet, taking good care and precaution to ensure that there is no seepage or leakage from your newly constructed toilet to the flat below. The owner of the flat below your flat has no locus standi to decide that you cannot have a second toilet in your flat.

Regards,

FCA Prashant Chavan

Mumbai

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

Answered on 2/18/13, 3:11 am

Mark as helpful

Sanjay Kalra Sanjay Kalra & Associates

0 users found helpful

0 attorneys agreed

Approach the local authority and warned them to construct the toilet ,else you would be filing a complaint before the Consumer court........Please check Sanjay Kalra and Associates on the internet to know more about our law firm and the legal services we are rendering for our clients from all over the World.

Answered on 2/19/13, 11:14 pm

Mark as helpful