Legal Question in Real Estate Law in India

Dear Sir,

I own a flat in an Apartment Complex in Bangalore G + 3 and i stay in the top floor. Since i have occupied the apartment 4 years back water is seeping into my master bed room, hall etc from the terrace and outer walls. Builder is refusing to get it rectified saying that he had done it twice and henceforth, all the maintenance is the responsibility of the Association. Association is saying that i have to get it repaired as the terrace is not a common area. Please advice.


Asked on 10/14/13, 9:34 pm

4 Answers from Attorneys

Rajiv Chandhok Ph: +919810050896 https://www.linkedin.com/in/rajiv-chandok-0827b733/

Send the builder alegal notice through a lawyer, after which he might come to terms with you. You may also drop a detailed query at [email protected]

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Answered on 10/14/13, 11:43 pm

You are duly replied yesterday.

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Answered on 10/15/13, 4:15 am
Shrichand Nahar S.V.Nahar, Advocate

Check bye-laws to find out.

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Answered on 10/15/13, 11:59 pm
Fca Prashant Chavan Expert Edge LLP

16.10.2013

Dear Sir / Madam,

Terrace is the common property of all the residents. Since the building is new, the Association may not have the funds for carrying out major repairs like waterproofing the entire terrace. The top floor residents may have to carry out the terrace waterproofing themselves.

Regards,

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Answered on 10/16/13, 7:50 am


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