Sale deed does not show rights to balcony rights

Ramkrishna (Querist) 08 April 2012 This query is : Resolved
Sir,
If the duplex house which is built in the terrace having a balcony is not covered under the sale deed, does it come under the common area of the flats or does the duplex house owner can claim rights to the open balcony in the terrace.

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Raj Kumar Makkad (Expert) 08 April 2012
Such person can only claim his possession over such balcony but he has got no legal right to claim its ownership. Illegal possession can be got by society at any time.

ajay sethi (Expert) 08 April 2012
duplex house is illlegal as not covered under the sale deed . you have no rights on the open balcony in terrace

Sailesh Kumar Shah (Expert) 09 April 2012
I completely agree with views of Mr.Makkad.

Ramkrishna (Querist) 09 April 2012
Sir,
Thankyou for the valuable advice, the said duplex owner has claimed rights and enclosed the balcony by extending their duplex house.
The matter is now in the court and I kindly request you whether if such encloser is made is there any chance the judgment can come in their favour.
Their argument being that it is only a minor deviation and is done for vasthu purpose.

prabhakar singh (Expert) 14 April 2012
नाऊ केतना बार ,बाबू अगवें आयी ,जब मसाला कोर्ट में बा त फैसला भी उहहवें होई हमारे कहला से का होई ????

Ramkrishna (Querist) 14 April 2012
Sir,
I dont know to read hindi, could you please give you reply in english,
thank you

V R SHROFF (Expert) 08 May 2012
He is not a owner, and cannot occupy common area

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