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Secretary harassing shop owners at ground floor

I had purchased a shop from a big builder more that 10 years ago. The sale deed says that the space in front of my shop "will be sold" to me.

Now the society secretary says that the part was not sold and will be sold . The sale is not complete, hence I cannot use that part. He has been harassing all the ground floor owners for more than 2 years now. He also got the police to take away all the property in that part.

What are my options here? Any kind of help will be greatly appreciated.

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2 Replies

P.THANGAVEL (ADVOCATE & LEGAL CONSULTANT) 02 November 2014

It appears that a declaration suit under specific relief Act is the only possible solution for your perennial problem. This you may resort after mediation efforts fail and the situation reached to the point of no return stage.

with best of luck for early resolution of the issue.

P.Thangavel ,Advocate & Social activist

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer) 04 November 2014

The answer to the question will depend on the State and city where the building comprising the shop is situated, the local Municipal laws and other laws, if any, similar to the DCR in Mumbai and last but not the least the plan of the shop and its front area. Normally the front of a shop will be common area with restricted rights and access to the public (the customers coming to the shop), the shop owner and the neighbors. If the Secretary is planning to sell the area to whom will he sell it and for what purpose? He cannot sell it to another hawker who will spread his wares in front of the shop affecting the business of the shop owner. The shop owner can reasonably object to the sale of the area to a car owner to park his car for the same reason. The shop owner has also to leave it open and cannot extend his shop to the front area. It will have to be left as an open common area.