Duct space inside the house of housing society
Querist :
Anonymous
(Querist) 22 January 2024
This query is : Resolved
We had purchased 2 flats 40 years back and joined both the flats from outside. So the common duct has come inside the house. We had purchased the house on the condition that we are allowed to take the space in between. We have the written permission from the builder of the property permitting us to construct a single door in between the two flats. We have never stopped anyone from accessing the duct. Now the society is asking us to vacate the common duct area which is the common area of both flats. Are we allowed to keep that because we have permission from the builder ? And does this decision come under the purview of the society? And how protected are we legally?
T. Kalaiselvan, Advocate
(Expert) 24 January 2024
The builder is not an authority to permit such illegal issues.
However, since it is under your possession and enjoyment for 4 decades, you may refuse to accede to the instructions of the society.
Your possession was adverse to the society all these years hence even if they approach court, you have bright chances to challenge and get their claim dismissed.
