Exclusive use of common balcony in front of my flat main door
Renju
(Querist) 01 August 2015
This query is : Resolved
I purchased a flat having 1200 sq.ft out of which 214 sqft. mentioned as common area including passage, balcony etc.
My floor having 3 flats on which I am occupying flat having higher sq.ft. The floor is on 'L' Shape, on which I occupied corner flat ie single(Bottom stretch of L shape) other two are on row.
In front of my door common balcony(ie botton stretch of 'L') . Whether I can use the same for my exclusive right? If yes how much portion. Whether I Can put any grill for that portion in order to avoid people using area in front of my main door(even though it is common.).It is not a common passage.
My adjacent flat owner objected for putting gril stating area in front of my main door also common.
Please advise how to proceed further
P. Venu
(Expert) 02 August 2015
When it is common, how you can have exclusive occupation?
Rajendra K Goyal
(Expert) 03 August 2015
No right can be claimed by you on common area.
Renju
(Querist) 03 August 2015
Thanks for the reply. I am agreeing with the reply
My doubt is that eventhough it is common area, the area in front of my main door can cover with temp.structure like gril or etc.for privacy.
In my case it is not a common passage. I want to avoid people come and stand in front of my main door saying common area.
Please advise as per above view.....
Hemant Agarwal
(Expert) 21 October 2015
1. Legally, you an occupy ONLY that area that is defined in your Flat-Purhase agreement. ANYTHING besides this is prosecutable, for encroaching the "common spaces" which belongs collectively to the Society members, irrespective of any other reason /criteria.
Keep Smiling .... Hemant Agarwal
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