• Common area

Hi sir am frm hyd living in apartment..
# builder has given kitchen exhaust to common corridor..now they are asking to extend chimney by piercing hole in to slab at my cost to avoid odour..
# small 2 plants kept either of door..now they are asking to remove..
# we are having palmorian pet 16 years old...it doesn't disturb neither we bring out..now they are asking to send pet...what are my rights.. please advice
Asked 5 years ago in Consumer Law

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13 Answers

Under PETA act, Owner canno be asked to remove pets.

Mere buying in wife and son sone dose not make them owner. You have 1/3rd share.

Yogendra Singh Rajawat
Advocate, Jaipur
23004 Answers
31 Consultations

They cannot order you to do these things. Refuse to comply with what they say and ask for relevant rules.

Also chimney should be installed by them not you.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

You shall get half of what belongs to your mother.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

Refuse to pay for extension of chimney 

 

if builder wants to extend chimney let him bear the costs 

Ajay Sethi
Advocate, Mumbai
97225 Answers
7850 Consultations

Kindly clarify whether father executed gift deed in favour of your mother and brother ?

 

was it duly stamped and registered 

 

if so after 11 years any suit filed by you to set aside gift deed would be barred by limitation 

Ajay Sethi
Advocate, Mumbai
97225 Answers
7850 Consultations

Builder cannot ask you cost of chimney, you can refuse to pay the same, and that, you can also lodge complaint for his high handedness in giving exhaust in common corridor.

Under PETA Act, they cannot insist you to send your pet.

………..

Nomenclature of Registered Deed is required to advise on the aspect.  However, you cannot question the same after lapse of around 11 years, limitation attracts.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Hi

Yes you will get your share in both the properties. 

Thanks 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

1. You should extend the outlet pipe of the chimney as it can cause uneasiness to other residents of the apartment complex.

2. Your apartment association cannot ask you to remove plants or pets from your house you can deny removing plants or pet from your house and ask them to proceed legally if they want to. 

3. You cn claim share if you have to proof that houses was purchased from income of your father and at time of purchasing the house your brother and mother had no income source. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Your convenience may be an hindrance to others, you may not be allowed to infringe others rights by placing such things for your comfort lone.

Well you may ask them to give it in writing so that you can think about taking any legal action, if necessary.

 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

The property registered on your mother and brother's name shall be their own and absolute property, you cannot claim any share in either of the property as a right.

 

T Kalaiselvan
Advocate, Vellore
87426 Answers
2348 Consultations

The Indian Constitution allows and encourages pets in apartments. Pet owners cannot be asked to vacate their apartments. If there are notices put up forcing people to get rid of their pets, it is illegal. According to Section 11 of the Prevention of Cruelty to Animals Act, 1960, this is a punishable offense.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

If property is registered then you cannot claim any share.

Mohammed Mujeeb
Advocate, Hyderabad
19326 Answers
32 Consultations

If you are not will he can't force you. You can go against him to consumer court

Prashant Nayak
Advocate, Mumbai
32660 Answers
207 Consultations

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