Can a flat owner construct a balcony which is not in the approved plan? The flat owner below my flat has illegally constructed balconies extending the roof of his balconies up to my balcony covering the entire wall. It is to mention that No balcony was originally provided for the ground floor by the builder due to the cellar below. Now he has constructed balconies almost extending up to the compound wall which is also a violation of cantonment rules. Due to his illegal construction, my view to the road from my balcony view is obstructed. What is the remedy sir to remove his illegal rods and asbestos from my balcony walls.
In this situation the flat owner has no right to construct any kind of permanent structure without obtaining prior permission or approval from the concerned authority.
He has to prepare a modification plan and present it to the concerned authority for its approval. If the authority grants approval then he can construct those balconies. But it infers from your question that he has no valid permission.
Therefore, you should move an application to the concerned development authority to stop the ongoing construction work. You have a right to make a complaint regarding an illegal construction. The authority shall take proper action against that person.
Move a writ petition
If the concerned authority does not take any action on your complaint, then you have a right to approach the High Court under Article 226 of the constitution of India.
Take the copy of complaint and file a writ petition for directing the concerned authority to stop the ongoing construction or demolish the illegal construction.
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Question: My 3bhk apartment is under construction, and it is located on the 10th floor. Am I allowed to request the builder to construct my balcony area to a higher load-bearing standard than the other balconies as per the construction plans? I intend to install a hot tub on the balcony, and I want to be extra cautious, even though the load is within the safer limits of the structure. Can I request a higher standard than what is mentioned in the approved plan, provided that I pay the incurred costs?
Asked from: Kerala
Yes, you can request the builder to construct your balcony area to a higher load-bearing standard than the other balconies, considering your intention to install a hot tub on it. Because that proposed strengthening will not make any external structural changes in the sanctioned plan.
However, you must ensure that you obtain approval from the relevant authorities for the proposed modifications and ensure that they comply with the building codes and regulations.
Additionally, you should also make sure that the builder agrees to your request and provides you with a revised cost estimate for the construction work. You should also have a written agreement with the builder outlining the scope of work, costs, and timelines for completing the modifications.
Overall, it is advisable to take the necessary precautions and be extra cautious to ensure the safety of your balcony and hot tub installation, even if it means incurring additional costs.
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Top floor owner wants to erect an illegal flat without permission of the development authority. I am residing in a flat which is a 5 story building. The top story is in the ownership of a private limited company. That company wants to erect another floor without taking prior permission of the development authority. We are separate owners of 4 floors. Each floor has 6 flats, therefore, 24 flats owners are at risk of demolition if the company erects another floor without necessary permission from the development authority. Sir I want to know in this situation what would be the best legal recourse to stop the private limited company from erecting an illegal flat?
It is not appearing from your question that the top floor owner is doing any act to construct another floor. Unless and until the company does any act which has the effect that it is going to construct another floor you cannot take any action against the company.
Planning without any overt act does not constitute an offence or an act which is prohibited by law. There is no action on the part of the company which has the tendency to prove that it is trying to convert his illegal plan into reality.
If you have evidence to prove that the company is lurking to construct an illegal floor then you can file a civil suit for passing a temporary injunction against the owner of the top floor. Without having evidence you cannot get any relief from the court in the civil suit.
Thus, it is mandatory for you to collect some evidence before filing a civil suit against the company. Because the burden of proof lies upon you to establish the fact about the planning or design to construct an illegal floor. If the company is planning to construct another floor after taking requisite permission from the concerned authority then you will have no right to object.
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Whether pulling bra in a bus constitute offence in the IPC? A lady has threatened to lodge a complaint against me because I have pulled her bra in a local bus when I was traveling to my office. However, it was accidentally pulled but that lady is threatening to face legal action. In this situation, I want to know whether pulling bra in a bus constitutes offence? Please advise.
Yes, pulling someone's bra with the intension to outrage the modesty of woman would likely be considered an offense under the Indian Penal Code (IPC). Specifically, it could be considered sexual harassment, which is a form of sexual assault, and is punishable under Section 354A of the IPC. The punishment for sexual harassment is imprisonment for a term that may extend to three years, or with fine, or both.
It is important to note that such behavior is unacceptable and constitutes a violation of an individual's bodily integrity and dignity.
Infringement of bodily or personal integrity
Infringement of bodily or personal integrity refers to the violation of an individual's right to control their own body, physical autonomy, and dignity. This includes any form of physical violence, sexual assault, harassment, or unwanted physical contact.
Examples of infringement of bodily or personal integrity include:
- Physical assault or battery
- Rape or sexual assault
- Sexual harassment or misconduct
- Unwanted physical contact, such as touching or groping
- Forced medical procedures or exams
- Unlawful detention or imprisonment
- Torture or cruel, inhumane, or degrading treatment
In most countries, including India, such acts are considered criminal offenses and are punishable by law. It is important for individuals to be aware of their rights and to seek help if their bodily or personal integrity has been violated. This may involve reporting the incident to the authorities, seeking medical attention, and seeking support from friends, family, or advocacy organizations.
A vulgar gesture for sexual advance is a type of behavior that is considered obscene and inappropriate in most societies. This kind of behavior often involves making sexually suggestive gestures or comments, or engaging in physical conduct that is intended to be sexually provocative. Such behavior can be offensive and can cause discomfort, embarrassment, or outrage in those who are the target or witnesses of it.
In many countries, this type of behavior is considered sexual harassment and is illegal. Laws and regulations may vary, but they often prohibit unwanted sexual advances, gestures, or comments in the workplace, public spaces, or other settings where they can cause harm or create a hostile environment. It is important to be respectful and considerate of others and to avoid engaging in behavior that can be perceived as obscene or sexually suggestive.
Whether security guard can report inappropriate act. What if someone is caught making out in a car by a security guard in a parking lot and what if the guard noted the car number down, can he report it to the police and can the police take any action in that case?
If someone is caught engaging in inappropriate behavior, such as making out, in a car in a parking lot, the security guard may take note of the car's license plate number and report the incident to the police. Whether the police can take any action depends on the specific laws and regulations in the jurisdiction where the incident took place.
In some cases, the police may have the authority to take action if the behavior is considered a public nuisance or violates public decency laws. However, if the behavior took place in a private location, such as a parking lot, the police may not have the authority to take action unless there is evidence of a more serious crime, such as indecent exposure or lewd conduct.
It is important to note that the police can only take action if there is a legal basis for doing so, and the exact nature of any potential charges will depend on the specific facts and circumstances of the case.
Indecent or inappropriate act is an offence under the IPC
Indecent acts can be considered an offense under the Indian Penal Code (IPC). The exact definition of what constitutes an indecent act can vary depending on the jurisdiction, but it typically refers to behavior that is considered offensive or contrary to generally accepted moral or cultural standards.
Under the IPC, specific offenses that may be considered indecent acts include obscenity (Section 292), outraging the modesty of a woman (Section 354), and acts of homosexuality (Section 377), among others. The penalties for these offenses can range from fines to imprisonment.
It is important to note that the exact nature and severity of the offense will depend on the specific facts and circumstances of each case, and that the law can vary depending on the jurisdiction.
Sir how to withdraw a maintenance case after the case is disposed of? My Aunt doesn't want any maintenance so she wants to withdraw the case and file for mutual divorce since her husband has agreed to it.
To withdraw a maintenance case after it has been disposed of, your aunt will need to file an application for withdrawal in the court where the case was heard. She should also mention the reason for withdrawing the case, such as her agreement with her husband for a mutual divorce.
The court may then consider her request and either grant or deny the withdrawal. If she wants to get divorce by mutual consent she has to file a suit under Section 13B of the Hindu Marriage Act. She doesn't want alimony, therefore, she has the right to surrender the maintenance but only after the decision of the mutual consent divorce.
If she waives her right to maintenance at this stage, her husband may nor proceed in the mutual consent divorce or he may create hurdles. Therefore, she should not withdraw the maintenance until the pronouncement of decree in the divorce case.
At the second motion in the mutual divorce case, she should sign a compromise deed and waive her right to alimony. After pronouncement of decree of divorce, she should move a petition in the court, which has passed the order of maintenance, for the cancellation or modification of order.
If she is receiving maintenance under Section 125 of the code of criminal procedure (crpc), she should move an application under Section 127 crpc for the modification of order. In that application she can pray the court to cancel the order of maintenance in accordance with the decree of mutual consent divorce.
My mother in law is demanding money and filed a criminal case against me (daughter in law). My husband passed away two years ago. After a few days, my mother in law filed a case. The case was filed that we did not take care of my mother-in-law. So we agreed to give 4 lakhs as the witness of big men saying that her daughter will take care of her in the panchayat. We have agreed that we will give two lakhs now and give another two lakhs after our son gets a job. Getting the job will be a bit late but they are filing a case in the police station and demanding the remaining two lakhs, what should I do now? What case should I keep on them?
You have no source of income. Your son is also dependent upon you for his basic and essential needs. In this situation the demand of money from you (a destitute lady) is illegal.
In the prevailing circumstances a mother in law has no right to claim money from her destitute daughter in law. The criminal case, initiated by your mother in law, is fit for the quashing under Section 482 of the code of criminal procedure.
Before moving to High Court for quashing of the criminal case, you should move an application before the Family Dispute Redressal Centre, situated at the mediation centre of the family court for the settlement of the dispute.
Instead, you can also approach the SHO of Mahila Thana of your district for referring this matter to the mediation. If the mediator successfully reconciles the dispute the criminal case shall be closed.
If the mediation fails, then you should approach the High Court for quashing the case. You should take a plea that the accused (daughter in law) has no source of income and is also living in vagrancy, therefore, it is impossible to pay 2 lakh rupees to the complainant. The court, after satisfaction of the fact that the accused is innocent, may quash the criminal proceeding.
Brother is continuing construction in violation of family settlement. It is more than 12 years over my father passed away with no will. in year 2018 a unregistered family settlement done among we 3 brothers but now with bad intention my younger brother refused family settlement saying it has no value and started construction over some properties. I told him to stop construction since there have been no legally valid partition of property but he is not listening.
I have been told that a co-sharer can, t seek injunction against other co sharer and can, I stop for carrying construction as he is in exclusive possession on properties. I am in job, live in other city and only go home on occasions and to meet mother. How I can get my legitimate share and restrict my younger brother from carrying out construction so that neither shape and status of property be changed nor any third party interest created.
It is possible for you to seek legal remedies to protect your share of the property and prevent your brother from carrying out construction without a legally valid partition of the property. As you have mentioned that you are a co-sharer of the property, you have a legal right to your share of the property.
However, since the family settlement was unregistered, it may not be legally binding in a court of law but it proves that the parties were agreed on the terms and conditions mentioned in the settlement deed.
One option would be to file a suit for partition of the property and seek an injunction to prevent your brother from carrying out construction until the partition is legally completed. This would require you to prove that there is a valid family settlement agreement in place, and that your brother is acting in violation of that agreement.
Another option would be to file a suit for specific performance, asking the court to enforce the unregistered family settlement agreement and ordering your brother to follow the terms of the agreement and stop the construction.
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I am facing a departmental inquiry without furnishing a copy of the preliminary investigation report. No charge sheet was served upon me. The department is appointed an inquiry officer to conduct the departmental inquiry. Now the problem is that I have no information about the allegations. In this situation can I challenge the departmental inquiry?
It is possible to challenge a departmental inquiry if you believe that the inquiry is being conducted in an unfair or unjust manner, or if you have not been provided with a copy of the preliminary investigation report or a charge sheet.
In India, under the principles of natural justice, an accused person has the right to know the charges against them and to be given an opportunity to defend themselves. Therefore, it is important that you are provided with a copy of the preliminary investigation report and a charge sheet, so that you can understand the allegations against you and prepare a defense.
You can raise your objections to the departmental inquiry by writing to the inquiry officer or the concerned department, stating that you have not been provided with a copy of the preliminary investigation report or a charge sheet, and that you are unable to prepare a defense without this information.
It's important to note that, the departmental inquiry is a procedural matter, and it's best to consult with a lawyer for guidance on the specific details of your case and the best course of action. They can provide you with legal advice on the options available to you, and help you understand your rights and responsibilities under the principles of natural justice.
It is also possible to file a writ petition in the High Court challenging the departmental inquiry if you are not satisfied with the way the inquiry is being conducted.
