URGENT - construction of balcony above common passage in 1974 is it legal
Querist :
Anonymous
(Querist) 03 October 2010
This query is : Resolved
My mother owner of self acquired property died intestate in 1996. She has got land and building in her name. My father expired in 1994. We are 6 children to our parents. Now my mother’s property has come for sale. My mother sold some property to first son-in-law on 02-feb-1974. It has been clearly mentioned in the sale deed that 3 feet common passage has been left for first son-in-law’s family in addition to 9 feet general common passage which is already there on the other side. She has constructed ground floor, first floor and second floor . In the first floor and second floor she has used the common passage and constructed balcony in that place. This passage is the only passage for first and second floor entrants
First son-in-law expired after my mother’s death and my sister has become the owner of that property. Our parents house has come for sale now and my sister is black mailing us that unless we mention in the sale deed that 3 feet common passage will not be sold to the new purchaser and it solely belongs to my sister, she will not sign the sale deed. Our Parents have not sold the common passage to her and I feel we have every right to sell that property of 3 feet in addition to our property and mention in the sale deed that the 3 feet common passage can be used by both daughter and the new purchaser. She has flately refused to sign the papers. We tried our level best to convince her it is impossible now.
Can we go to the court to demolish the extra balcony constructed by her in the common passage in first and second floor. This is the only common passage for first floor and second floor entrants. Is there any time limit for demolition. Please clarify URGENTLY
R.Ranganathan
(Expert) 03 October 2010
When a separate common passage has been left for first son-in-law's family i.e. your sister then it is not a common passage. It is for their own use. Anyway unless the drawings/plan is seen proper opinion in this matter is difficult.
