Rights of flat owners

Dhiraj Vinaykia (Querist) 17 April 2022 This query is : Resolved
Does the area under the Chajja outside the flat comes under the society area or the Flat owner.
If the area is continued by society's common area, then can society build a structure in that area.
Please guide me on this

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Quick Summary

This discussion addresses the ownership of 'chajja' areas extending from flats. Generally, if not explicitly included in your flat agreement, it's considered common society property. Societies can only build structures within these areas if they are part of the officially sanctioned building plan. Owners can seek clarification from society office bearers or consult local authorities and legal experts if plans are unclear or not followed.

Dr J C Vashista (Expert) 19 April 2022
Whether the chajja is part of sanctioned plan and applicable to all flats?

SHIRISH PAWAR, 7738990900 (Expert) 19 April 2022
Hello,

You can find out yourself. Check your agreement if the area is not included in your agreement then it is common area belongs to society. If you find difficult to locate you can take help of local advocate. Further society is also allowed to construct as per sanctioned plan only. You can demand from society or you can find out from local municipal office.

krishna mohan (Expert) 19 April 2022
Society can not build away from approved plan. Have a check and seek clarity from the society office bearers if not done as per approved plans.

Sudhir Kumar, Advocate (Expert) 13 December 2022
A concrete view can be formed only by local inspection and perusal of papers.

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