• Neighbor extending his house till boundary wall

We have compound wall between each house in our society. my neighbor is extending His kitchen till boundary wall. I have raises objection on it to him and to all members in society meeting but everybody is supporting him because of his bullying nature and money. Please help me on what can I do to stop it.they already have started construction too.
Asked 3 years ago in Property Law from Ahmedabad, Gujarat
Religion: Hindu
1. He has the right to make any construction within his property. The kitchen can be extended to the boundary wall.

2. Unless any construction made by him breaches the physical bounds of your property or protrudes from his property  to your property you have no legal recourse against him. 
Ashish Davessar
Advocate, Jaipur
22977 Answers
634 Consultations

5.0 on 5.0

1) lodge written complaint with municipal corporation regarding illegal construction by your neighbour 

2) if n action is taken by municipal corporation file RTI application as to what action has been taken on your complaint 

3) you can also file suit and obtain stay order from court against illegal construction carried out by your neighbour 

4) also lode written complaint with secretary of society against unauthorised construction by neighbour 
Ajay Sethi
Advocate, Mumbai
45486 Answers
2672 Consultations

5.0 on 5.0

 If you want to take the matter ahead , the best option is to make a complaint before the Municipal authorities .
about the illegal construction/extension which is not permissible.
if the society management is supporting this they area also equally liable. 
If in any case Municipal commissioner is not taking any action against it your next option is to approach a civil court to get it demolished and stop them from it, during the pendency of the suit you can ask for a stay of the work. 
Thresiamma G. Mathew
Advocate, Mumbai
1515 Answers
134 Consultations

5.0 on 5.0

1.Has he obtained sanction/approval from the local municipality for the said extension of kitchen?

2. If no, then lodge a complaint before the local municipality complaining against the said illegal construction,

3. Lodge a police complaint also for the said illegal construction without any sanction,

4. If there is no action taken by the municipality or police, you can file a writ petition before the local High court against police and municipality inaction praying for a stay order till the matter is disposed off.
Krishna Kishore Ganguly
Advocate, Kolkata
18471 Answers
448 Consultations

5.0 on 5.0

If your neighbor's construction is encroaching your property or causing you disturbance in the easement rights or is in any way seems to be an obstruction to your peaceful living, you may approach the court with a suit for permanent injunction besides making a complaint with the corporation authorities for hs deviation of the approved place and illegal construction/raising of structure.
T Kalaiselvan
Advocate, Vellore
35651 Answers
387 Consultations

5.0 on 5.0

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