Illegal possession of common area of

4WhatIsRight (Querist) 24 March 2024 This query is : Resolved
A standalone 3 storeyed building with 2 flats on each floor. There is a big motor pump room as common facility area, all owners have the key. The motor pump room has been recently illegally taken over by one of the flat owner and he is using it as his personal servant quarter. He has changed the locks. What legal recourse do we have as flat owners, with right over common area facility?

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Quick Summary

A flat owner has illegally occupied and changed the locks on a common motor pump room, using it as a personal servant quarter. As co-owners with rights to this common area, other flat owners can issue a legal notice demanding they vacate or stop misusing the space. If this fails, a civil suit for permanent injunction can be pursued to prevent further illegal occupation.

T. Kalaiselvan, Advocate Online

(Expert) 24 March 2024
This is a common area to which all the members of the complex have equal rights.
If that person has illegally occupied the same without taking NOC from all other members then it is illegal hence any person who is having a right in this common area can issue a legal notice demanding him to vacate or stop misusing the common area and to not to put his personal lock to that failing to comply a legal action can pursued agaisnt him through civil court with a suit for permanent injunction restraining him from usurping or illegally occupying the common area property.

kavksatyanarayana (Expert) 24 March 2024
Yes. He cannot use it for his purposes. So file a suit against him by consulting a local advocate.

Sudhir Kumar, Advocate (Expert) 28 March 2024
repeated

https://www.lawyersclubindia.com/experts/illegal-occupation-of-building-s-common-motor-room-758591.asp

call police when in first place.

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