• Planing to construct and extra floor

I am constructing house at Musherabad hyderabad, which is of 90sq yds we took permission for ground plus first floor, as we are two brothers we are planing to construct an another floor that is 2nd floor,But some of them have gave complaint in municipal as we are occupying the road,but it is not true,so we are planing to take a ""stay from court"",and moreover few people who stays beside my house they are asking for money for ganesh or for the sake of temple development, the amount is Rs 30,000, other wise we will give complaint then you may not cnstruct the house as my father is Auto driver we dosent have enough money to pay,Hence kindly suggest me how should i proceed.
Asked 3 years ago in Property Law from Musherabad, Andhra Pradesh
How did you purchase this house? Has the sale deed been executed? Does the agreement/sale deed have any embargo on your right to construct an additional floor? If there is no such clause in it then it is your right to construct an additional floor. The decision to seek a stay order from the court against any attempt to stop you from constructing the additional floor is a wise decision.

You are under no obligation to give any donation for ganesha. Tell them to go ahead and file the complaint. Nobody can be forced to give a donation. You can lodge a counter complaint against them for threatening you.
Ashish Davessar
Advocate, Jaipur
18083 Answers
447 Consultations
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1) I presume that you and your brother are absolute owners of land on which house is being constructed . if building plans are sanctioned by municipal corporation you can construct additional floor . 
2) as far as complaints made by locals are concerned if there is no substance in complaint you have nothing to feat . if you have not encroached on common road don't worry . 

3) as far as donation to ganesha mandal is concerned you should not bow down to black mail tactics . refuse to pay Rs 30,000 but as gesture of goodwill you can make such contribution as suits your budget .

 make it clear that this is all you can afford and lodging complaint against you may not help them in  recovering any money from you . handle situation tactfully . lodging police complaint will only aggravate the issue
Ajay Sethi
Advocate, Mumbai
23155 Answers
1216 Consultations
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