• Outer wall right in an apartment

I live in 7th floor of an apartment. Had to drill the wall above my window lintel but much below the main slab bottom of my apartment to insert AC coil @ drain pipes. The owner of 8th floor is objecting that it is within his right and asked me to remove it or else he will remove it. Pls note I have done it within the wall area of my apartment and not drilled to his premise. What is his right to object? 
Pls advise
Asked 2 years ago in Property Law
Religion: Muslim

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7 Answers

Neighbour cannot forcibly remove the out door unit of Ac 

 

2) kindly clarify whether society has taken any objections to installation of Frisian pipes and out door unit of ac 

 

3) in event any legal proceedings are taken by neighbour take the plea that it so’s fo e within wall area of your apartment and no drilling has been done in his premises 

Ajay Sethi
Advocate, Mumbai
94719 Answers
7531 Consultations

5.0 on 5.0

If you are within your rights,  you do not have to be scared about your upper floor neighbor. 

It may be due to his concern about his property getting damaged without ascertaining the facts. 

If possible you may convince him and let him know that you are well within your rights and your actions do not infringe his rights nor there's any possible damage to his property. 

If he is not convinced and still insists on his own assertions adamantly,  then you may inform the association about this and seek for its intervention. 

If the situation do not improve then you may issue a legal notice warning him to refrain himself from interfering in your possession and enjoyment of your property or to face legal consequences. 

 

T Kalaiselvan
Advocate, Vellore
84919 Answers
2195 Consultations

5.0 on 5.0

Outerwall is under the common area and not under any apartment owners ownership. Its in the ownership of society or association

Prashant Nayak
Advocate, Mumbai
31951 Answers
179 Consultations

4.1 on 5.0

- As per rule , the external wall of your apartment is the part of your apartment. and you have legal right to use the same for your personal use and facility .

- Further, the society or other members having no right to restrained you from installing the AC coil etc. without passing a provision in the GBM of the society. 

- Hence, you can give a compliant before the management of the society of the said apartment against that neighbor after stating that you are drilling the wall of your concern only and not him. 

- Further, if no response , then file a compliant before the registrar, if the society is registered, otherwise you will have to file a petition before the court for restraining the said neighbor from interfering in your said installation. 

Mohammed Shahzad
Advocate, Delhi
13222 Answers
198 Consultations

5.0 on 5.0

Outer surface of a house/flat of wall belongs to person residing inside the  house/flat. Such owner can drill, drive nail, white wash the outer surface provided there is no damage caused to the structure. You have every right to install ac by drilling a hole. If any person removes or damages it, he will be committing offence  of distruction of property.

Ravi Shinde
Advocate, Hyderabad
4042 Answers
42 Consultations

5.0 on 5.0

As you say you need to drill the hole above your lintel level but below the ceiling slab level, you are well within your rights to do so and your neighbour above cannot legally protest. 

Swaminathan Neelakantan
Advocate, Coimbatore
2797 Answers
20 Consultations

4.9 on 5.0

Dear Client, 

You have the right to install AC by drilling a hole your neighbor cannot remove or damage it. 

Anik Miu
Advocate, Bangalore
8879 Answers
110 Consultations

4.7 on 5.0

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