Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a law firm

My brother owns a 15-year-old flat. For the past four years, water has been leaking from toilets in a flat on the floor above his unit, and the owner is refusing to entertain the matter. Due to this, he vacated the house a year ago and he is unable to rent it out due to the leakage. Though there is a registered association (which is not renewed annually), it is inactive and the office- bearers are not willing to approach the man. Due to this, my brother has stopped paying for maintenance, but is willing to pay the arrears once the issue is resolved. Please give a solution to this problem.

E Jayakumar

Your brother can approach a Civil Court for necessary directions including the appointment of a commissioner (who may be a civil engineer) for inspecting the building and reporting to the Court as to the nature of the prevalent issues.

The commissioner will be an officer of the Court and preventing him from discharging his duties will amount to contempt of Court.
Once the Court passes an order based on the report of the commissioner, the same has to be implemented.