• Construction in roof right and rented out by builder

Four floor building constructed by builder in collaboration with landlord only fourth floor registry with roof right and lift he had. He had sold this floor with lift to us but roof right gifted to his son as power of attorney. He constructed three room over roof right and rented out. His tenants use lift from my floor. Lift license and lift electric meter bill also came on behalf of builder. Now is it possible to stop lift use for him and what to do for illegal construction. He always give threat that he has also not abides many rules as few foot left from front so if we will legally oppose the illegal construction above roof right the whole building will demolish not only my illegal floor. license is in his name although from last two years license expired. kindly suggest what are the possibilities to stop his both illegal activity and he is not ready for lift license and meter bill name change. In this building only third and fourth floor has lift access and registry with lift.
Asked 4 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Sir,

It appears from the factual background you have presented above as query that the said illegal construction by the builder and illegal unauthorized use of the premises can be put to rest by filing an injunction suit. Following the threats you have received , you may pursue a different criminal complaint against him.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

You can file a suit for injunction, seeking interim relief against the person occupying the flat on your roof restraining them to use the lift as the same is only registered in your and 3rd floor owners name.

Moreover, the owner's selling of roof rights to his son by way of power of attorney does not confer any title on the son in the absence of a registered sale deed as the sane has been clarified by the supreme court in Suraj lamps judgement.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

Dear Client,

He has no say left in the building and gifting to son is illegal and so the construction. Complain to municipal corporation and as per sale lift is your sole purchase, so you can bar them from using it.

For violation of any building by laws, onlt he shall be kept responsible. His illegal act cannot be attribute on your and you are entitle to valid compensation and damages from him for any action taken by DMC.

You have made payment towards lift, same included in sale deed, license will transfer in your name, his presence not require.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Sir,

A civil suit for injunction has to be brought upon to restrain the illegal usage.

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

If any illegal construction has been done complain to muncipal corporation

2) if no action is taken file writ petition in HC to direct corporation to demolish illegal construction

3) whole building would not be demolished

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

If any building bye laws MS used in the construction then complaint regarding the construction on the roof will definitely be a problem for the building as a whole as the lift is meant for common uses and bill is generated in favour of the Builder you have no right to stop the fifth floor resident to use the lift.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

As a matter of fact the agreement between the builder and the landlord can effectively state how the builder has got rights in his name and for what purposes. The recital of your deed will also need to be seen to determine the rights.

Mayank Sapre
Advocate, New Delhi
256 Answers

5.0 on 5.0

You can seek demolition of unauthorised construction

Oppose regularisation of unauthorised construction done

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

The reason why the Builder has the lift licence andthe bill also comes in the name of the builder as he would have got the licence in his name initially, without taking any consent from the landlord.

Siddharth Jain
Advocate, New Delhi
5930 Answers
101 Consultations

5.0 on 5.0

You can make a complaint with the local civic body about this illegal construction which is not in the approved plan and neither he obtained any permission or approval.

You can also file an injunction suit restraining the top floor inhabitants from using the lift services til the disposal of main issue.

.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

How builder took connection in his name being owner of one flat only. It is being told by rule that unauthorised construction shall not be demolished if constructed upto 1st June 2014 so what is the fact in case of builder construction agreement done with landlord for collaboration on 23 Sep 2014.

If the rules and laws are flouted and this illegal construction has built even after an objection, you can file a mandatory injunction suit to remove this property by demolition and not to put up any structure on the terrace

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

This is my response to you:

1. First send a legal notice;

2. Then file a police complaint against the builder and landlord for colluding to harass you;

3. Last step is to approach the consumer court and take legal action;

4. Consult a local lawyer and take steps.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Than same shall be demolish as illegal and out of the limit of dated 1st June 14.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Dear Client

Download an app called DDA 311 on your phn and upload the photographs of the unauthorised construction on it with s written complaint all the room on the roof would be demolished or sealed by the STF People. The rule has been under stay from SC and as per now the unauthorised constructions till 2006 are protected and not 2014.

Adv vikas

Vikas Khatri
Advocate, Delhi
179 Answers

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