• Senior citizen rights

My parents are above 65 years and we are staying in chawl with common toilet facility. We have requested landlord to give permission to build toilet inside the house at our own cost, yet he is denied. 

Please guide us the way ahead

Vishal Bhatt
Asked 3 years ago in Property Law from Mumbai, Maharashtra
Do you have a valid and subsisting tenancy agreement with the land lord, if so, does the agreement state seeking permission to make alterations and putting up additional construction with the permission of the land lord, if so the same must be obtained in writing before doing so, then give a notice of your desire to put up a toilet at your own cost within the demised premises, if the landlord refuses, as he has done in your case, then proceed to file a civil case before the competent authority or civil court and seek permission from it.
Kiran N. Murthy
Advocate, Bangalore
793 Answers
55 Consultations
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you need landlord consent to install toilet in your room . no structural alterations can be made without landlord consent . if your parents are bed ridden or suffering from serious illness enclose copy of medical report to your application . if he dosent oblige you will need court orders
Ajay Sethi
Advocate, Mumbai
24697 Answers
1323 Consultations
5.0 on 5.0
if there re 16 owners you need consent of all the owners . BMC wont grant you permission without consent of landlord . you would need court orders
Ajay Sethi
Advocate, Mumbai
24697 Answers
1323 Consultations
5.0 on 5.0
Landlord being the owner of the property, you need his prior permission before carrying out any construction in the rented part of the house. You may issue a legal notice to your landlord asking him to allow you to construct the toilet keeping in mind the age of your parents. If he refuses to give the permission then only a court of law can authorise you to construct the toilet.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
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BMC will have no say in this matter. The landlord and not the BMC is the owner of the property. Hence, only the landlord is empowered in law to grant or refuse the permission. If he does not permit you then you will need a judicial order to the contrary.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0
Your chances of convincing the court is better, than taking a chance with some corporator, or the landlord. There is usually a nexus between these two. Try the court confidently
Kiran N. Murthy
Advocate, Bangalore
793 Answers
55 Consultations
5.0 on 5.0
corporator has no role to play in the whole episode . only court can grant you necessary reliefs .
Ajay Sethi
Advocate, Mumbai
24697 Answers
1323 Consultations
5.0 on 5.0
Corporator has no role to play in this. Only a  court of law can come to your aid.
Ashish Davessar
Advocate, Jaipur
18828 Answers
472 Consultations
5.0 on 5.0

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