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Common passage violation

(Querist) 07 March 2017 This query is : Resolved 
I am the owner of one of total three plots having a common passage and main gate for entry and exit. I have built a 2 storey building for residential purpose on my plot. Now one of the owner of rest two plots is planning to use his empty plot as a commercial garage. All the vehicles those would come and leave the garage after repairing will use the common passage which has a combined ownership. Is it legal to use the common passage for commercial purpose like this? What leagal action i should take to stop this? Please guide me
ADV-JEEVAN PATIL, MUMBAI (Expert) 07 March 2017
1) common place is normally used by all 3 plot owners2)U constructed residential bldg in your plot after necessary approvals 3) If approved commercial premises, he has to leave your share of common place for access proportionate to area of yr plot 4) if failed bring injection for stay
Adv. Yogen Kakade (Expert) 07 March 2017
He shall have no authority to use the common space for commercial as well as personal purpose. The common area should be used for the purpose specified earlier.


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