• Common wall

dear sir,
our house is made by awas vikaas parishad,indiranagar, lucknow.
my adjacent house and my house share a common wall of 9 inches thickness.
our neighbour want to break the common wall of his side ( 4.5 inches) and raise new wall of 9 inches.
the common wall has criss cross interlinked bricks. if he will break his part of common wall, it will have effect on our part also and weaken the strucure and there will be leakage in rainy season.
initially they break our adjacent wall in the roof, and i complained in police thana and it was repaired by them.
but now he again is planning to break the common wall of his side.
what should we do ?
regards.
Asked in Property Law from Lucknow, Uttar Pradesh
file ia suit of permanent injunction  and mandatory injunction in civil court as soon as possible
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations

3.5 on 5.0

contact a local lawyer . issue legal notice and inspite of notice your neighbour refuses to listen then move court to direct your neighbour not to break the common wall. obtain injunction restraining neighbour from breaking common wall
Ajay Sethi
Advocate, Mumbai
28654 Answers
1555 Consultations

5.0 on 5.0

Since breaking of common wall by your neighbour is likely to weaken the structure at your end and further cause leakage during rainy season you may issue to him a lawyer's notice through your lawyer. If he does not abandon his plan then move to court and apply for injunction against him. Once a court of law orders him to not to break the common wall he shall have to do accordingly.
Ashish Davessar
Advocate, Jaipur
19928 Answers
522 Consultations

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