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Suguna V   02 June 2020

Enquiry about common area encroachment

I have purchased a flat a few years back. In my floor there are three Houses including mine. I believe that my neighbour has encroached the common area and put up a grill gate. They say that they have paid extra for the area covered but refuses to show us the document. How can I know if it's their area, how can I proceed legally to get the information so that I can proceed further?


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 6 Replies

P. Venu (Advocate)     03 June 2020

Any suggestion depends upon the provisions in the Law regarding apartment ownership in your State and whether the area allegedly encroached is indeed part of the common area.

1 Like

G.L.N. Prasad (Retired employee.)     03 June 2020

Please file RTI Application and seek information as follows:

The subject on the information sought: House No................................. Belonging to......................at..............................

Information solicited through certified copies.

1. Please provide a certified copy of the approval given for such construction.(All approvals till date)

2. Please provide copy of the sale deed enclosed for getting house number and plan approval.

1 Like

Dr J C Vashista (Advocate)     03 June 2020

Obtain copy of sanctioned plan and conveyance deed from concerned authorities / builder.

2 Like

Kishor Mehta (CEO)     03 June 2020

Common area can neither be purchased or encroached upon in a CHS building.
1 Like

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     03 June 2020

Originally posted by : Suguna V
I have purchased a flat a few years back. In my floor there are three Houses including mine. I believe that my neighbour has encroached the common area and put up a grill gate. They say that they have paid extra for the area covered but refuses to show us the document. How can I know if it's their area, how can I proceed legally to get the information so that I can proceed further?

 

1. "Common Area" are all classified as "common open spaces" & Free of FSI, under the Regional Town Planning Act and CANNOT be "legally" Sold or Purchased or Registered or Leased and is a prosecutable offence.

2. By virtue of the above, write a complaint to the local Civic Body and the Fire Dept., for investigation and prosecution.

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

KISHAN DUTT KALASKAR (Advocate)     03 June 2020

Dear Sir,

Get issue a legal noitce to share all relevant details failing which assuming that he has no such legal documents you can appraoch the court to remove such encroachments.

1 Like

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