• Margin issue

Good evening sir,
I bought an old house, my house constructed without no margin space. But the next house having good margin space.
Our rooms have no window, In kitchen we have a small circle hole for exhaust fan. From my kitchen to his house around 10 feet gap available. But recent time that small whole closed by neighbour house person. I asked him, He told I don't like that kitchen smell disturbing me, if you allow I can place a small pipe for ventilation in my wall, He not accepting. He don't have humanity. What can I do can I fight, or any legal option?
Even we not having window in his side.
Asked 4 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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21 Answers

You can carry out renovation of your house by making provisions for windows in each room of your house 

 

Consult a local architect 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

Try Sending him a legal notice for putting a pipe there

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

You can make complaint against him and fight legally under easement act. Or can make complaint in the Muncipal corporation.


The Indian Easements Act, 1882, section 4 of "Easement"

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

Of Course you can make complaint under The Indian Easements Act, 1882

Ganesh Kadam
Advocate, Pune
12930 Answers
255 Consultations

4.9 on 5.0

- If the neighbour house is as per construction plan from the municipal corporation , then you cannot take any legal action against him.

- However, under the Easement Act , you have right to open a window legally , if that window is necessary for your heath and hygiene.

- Lodge a complaint before the municipal corporation 

- If no action , then file a complaint before the court under the Indian Easement Act. 

Mohammed Shahzad
Advocate, Delhi
13230 Answers
198 Consultations

5.0 on 5.0

No

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Check whether neighbour has constructed house as per sanctioned plans 

 

complain to muncipal corporation if house has not been constructed as per sanctioned plans and to demolish illegal construction carried out by neighbour 

Ajay Sethi
Advocate, Mumbai
94723 Answers
7535 Consultations

5.0 on 5.0

You can seek permission from society. If it's in commonly area he can't object but if a private place then you cant force him

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

Humanity cannot take place of building bye laws. Your construction is not proper. 

But there is a 10 feet gap from his house and he cannot close hole in wall.

Open the whole. If walls are not attach and you have space from his house, you can keep the hole in your wall. 

 

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Make hole again and if he to fill it, call the police. He cannot enter in your area or touch your wall.

Yogendra Singh Rajawat
Advocate, Jaipur
22636 Answers
31 Consultations

4.4 on 5.0

Whether you were not aware of all this issues before purchasing the house?

Did you not inspect the house before purchasing it.

Since it is a old house, you are not going to occupy the same as it is and you would be planning to renovate the house in one or the other way, hence you can plan about rectifying such problems during the renovation.

You cannot demand for easement rights for ventilation or any such issues which need to be rectified if there is no mention bout it in yor registered sale deed. 

What do you mean by margin space not available ?

This was not available even before you purchased this property.

The previous owner had been living in the same status so far without seeking any legal remedy for that for the reasons known to him.

Hence you cannot seek any legal reliefs for such lacunae observed by you because neither your sale deed makes a mention about any such rights nor you can legally demand the neighbor to give you space for this.

You can renovate the house property to your convenience without disturbing your neighbor lest he may file an injunction suit against  you restraining you from carrying out the constructions that you plan to do.

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

You cannot complain agaisnt the non availability of the so called margin space because you have bought the property as is where is basis.

Where do you think you can make a complaint?

with police?, they will not entertain civil matter.

Then with whom? court?

What will be the reason for your complaint and what suit would you file against the neighbor when you have purchased the property recently as how it was?

Did your neighbor encroach your property i any manner,?

Did you measure your extent through a government surveyor and found that your property was encroached by your neighbor?

You may first ascertain the facts and plan to initiate legal steps if it is feasible or if you are eligible.

 

T Kalaiselvan
Advocate, Vellore
84925 Answers
2196 Consultations

5.0 on 5.0

From examining all the facts of your query I want to say that-
These cases are very common in various Courts of India and Supreme Court of India. I can understand your problem in this regard. Legal options are always available for you. Please understand that in Seema Arshad Zaheer and Others v. Municipal Corpn. Of Greater Mumbai and Others (2006) Supreme Court held the discretion of the court is exercised to grant a temporary injunction only when the following requirements are made out by the plaintiff: (i) existence of a prima facie case as pleaded, necessitating protection of the plaintiff's rights by issue of a temporary injunction; (ii) when the need for protection of the plaintiff's rights is compared with or weighed against the need for protection of the defendant's rights or likely infringement of the defendant's rights, the balance of convenience tilting in favour of the plaintiff; and (iii) clear possibility of irreparable injury being caused to the plaintiff if the temporary injunction is not granted. In addition, temporary injunction being an equitable relief, the discretion to grant such relief will be exercised only when the plaintiff's conduct is free from blame and he approaches the court with clean hands.

In the leading case of Hero vinoth Vs Seshammal it is held that – an easement would last only as long as the absolute necessity existed and such a legal extinction could not apply to an acquisition by grant- if a right of way was provided to a particular sharer, it could not be extinguished merely because such sharer had other alternative way.

You can also check if your Neighbor's House is as per the sanctioned plan or not. The person claiming for an easementary right of way has the remedy to sue for an injunction - to restrain obstruction of the way or for getting damages. Whether any particular interruption amounts to an unlawful interference or not depends upon the nature of the right of way and of the place, and also on the circumstances of the case.

You might know that the right to light is basicaly the right to prevent the owner or occupier of an adjoining tenement from building or placing on his own land anything which has the effect of illegally obstructing or obscuring the light of the dominant tenement.

I have dealt with many such cases in Supreme Court. To take legal action you can send a legal notice through Advocate. I have issued legal notices under my signature for such kind of matters on the behalf of aggrieved parties

across various States of India and dispute is settled after sending the Legal Notice. All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice. A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them. This notice, when sent, conveys your intention before the legal proceedings and thus, makes the party aware of your grievance. Many times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides. And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law. Although a legal notice can serve as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

You may contact my secretary to connect with me for clarification.
I hope you and your family are safe and healthy. Stay home and be safe during Covid-19.

 

Gopal Verma,
Advocate on Record & Amicus Curiae,
Supreme Court of India

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

Yes  , you can file a complaint in the municipal corporation to take action.

Regards

Swarupananda Neogi
Advocate, Kolkata
2964 Answers
6 Consultations

4.7 on 5.0

1. If he has closed the hole in his property which overlooked your kitchen then you have no remedy against it. It is his property and he can make the modifications he wants.

2. No cause of action exists in your favour to make a complaint against him.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Dear Sir,

You are suggested to serve a legal notice and then file a case of injunction against him to restrain him from blocking that hole. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

You should file a complaint against him for endangering the house and kitchen because there has to be some outlet for fumes and heat.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

Yes you should go ahead and file a complaint.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. You cannot put exhaust fan facing someone's house the smell and exhaust gases from kitchen can irritate anyone. 

2. You can put ventilation pipe directly towards your roof and install a chimney in your kitchen to avoid the dispute with your nieghbour.

3. If he still create nuisance then file complaint against him before police.

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

you can install exhaust fan or widnow in your house as per your wish, you don't need neighbour permission. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

You can file police complaint against him. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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