► Iam living in 2nd floor in a apartment, upper flat owner renovated their flat and damaged my apartment roof (Cracked). What to do now?
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3 answers
3 Answers
Oct 06, 2025
Hi,
You can send him a legal notice and if he does not respond, in that case you can file a case claiming damages and compensation.
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Jul 25, 2025
Dear Sir,
A. Send a Legal Notice
A lawyer can draft a legal notice demanding compensation for repair costs and asking the upper flat owner to rectify the damage.
B. File a Civil Suit
You can file a suit for damages, compensation, and injunction in the Civil Court under the Law of Torts and Property Law.
Reliefs you may seek:
Cost of repair
Injunction restraining further damage
Compensation for mental agony if the issue is serious (e.g., water leakage, etc.)
⚠️ Applicable Legal Provisions:
Section 268, IPC – Public nuisance (if leakage causes health risk)
Transfer of Property Act, 1882 – Duty not to interfere with another’s enjoyment
Apartment Ownership Acts (State-specific) – Owners must not endanger the structure or another unit
Jul 25, 2025
A. Send a Legal Notice
A lawyer can draft a legal notice demanding compensation for repair costs and asking the upper flat owner to rectify the damage.
B. File a Civil Suit
You can file a suit for damages, compensation, and injunction in the Civil Court under the Law of Torts and Property Law.
Reliefs you may seek:
Cost of repair
Injunction restraining further damage
Compensation for mental agony if the issue is serious (e.g., water leakage, etc.)
⚠️ Applicable Legal Provisions:
Section 268, IPC – Public nuisance (if leakage causes health risk)
Transfer of Property Act, 1882 – Duty not to interfere with another’s enjoyment
Apartment Ownership Acts (State-specific) – Owners must not endanger the structure or another unit
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