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Author Topic: Extensive Property Damage from First Floor Owners.  (Read 1032 times)

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Offline fizzah

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Extensive Property Damage from First Floor Owners.
« on: April 08, 2016, 02:34:34 AM »
Hello Forum Members,
We have an ancestral home in Gujarat (Godhra) which is almost 75 years old. It's a Tube house in 3 levels.
The Basement and Ground Floor is in under our ownership and the first floor is owned by another party.

The house is built with traditional brick masonry load bearing walls. Half the length of the house is with Timber floor structure and the other half is with Steel Structure.

We share the Ground floor roof slab with the owners of the first floor.

Sarting from 1990 - 1997, there was extensive rain water damage in the part of the house built with timber structure. Starting 2001 - till date the first floor owners built new bathrooms and kitchen in the part of the house built with steel girders and till date there is incomprehensible damage to the property from water leakage.

The first floor owners are unwilling to do repairs or to support for structural renovations, i.e. replace the timber and steel with an RCC slab.

We filed a complaint with Godhra Municipality requesting their involvement as it is a very old property and poses threat to human life and property. They asked us to submit the drawings of the house for approval. When we submitted the file they requested us to bring the approval of the first floor owners and based on that only they will grant us an approval for structural renovations.

We filed a civil suit in court and had the first hearing on 2nd april 2016. The judge definitely did not show up that day but even the first floor owners or their lawyer did not show up. Will the court grant us an approval to do structural renovations in the absence of the 2nd party?

Does any forum meber have any knowledge regarding the authority of municipality in such cases?

I would appreciate any comment / advice from the forum members.

Offline adv.amarnath

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Re: Extensive Property Damage from First Floor Owners.
« Reply #1 on: April 10, 2016, 01:09:45 AM »
basically without seeing relevant documents, no advice will be correct or appropriate. But I can say that through civil case, you can get order of repairing without being heard of 2nd party/ otherside

Amarnath Sanyal
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