Legal Question in Real Estate Law in India

I reside in a nine storey building with three flats on each floor in Thane. Other two flats on my floor are unoccupied.

A small out of site area infront of my flat is being used by people as a toilet and for unsocial activities. Passage of two upper floors is also used for similar activities.

This was intimated verbally to our Secretary of Society several times but no action was taken. Subsequently my flat and two of upper flats were robbed during day time.

In absence of any action by Society I installed a collapsible door in front of my flat. The collapsible door is not blocking any common area as my flat is on the extreme corner of the floor. I offered the keys to the door to Society Officials and asked them to take control of the passage and restrict unauthorized access. However Society has refused to take the key and control of that passage and are pressuring me to remove the collapsible door. They threatened my family with severe actions from Corporation and Police. I have to attend calls from local police station as these people have used their contacts and asked Municipal Corporation and Police to lodge a complaint against me. I am thus subjected to mental torture and harassment.

Other members who are friends of the society officials, have done structural changes inside their house; done work at their common passage however society has not taken any objection on it but pressurizing me to remove the collapsible door.

What options are available to me


Asked on 6/04/10, 4:21 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

You have broadly two option - either to be offensive or defensive.

To be defensive, you simply need to follow dictum of the society.

To be offensive, you need to consult your lawyer, chalkout a line of action and follow it.

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Answered on 6/05/10, 11:06 pm


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