Upgrad LLM

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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Advocate

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.


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Retired employee.

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.


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Lawyer

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


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CEO

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

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ha21@rediffmail.com Mumbai : 9820174108

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

 
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RETIRED JUDICIAL OFFICER

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.


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