URGENT - common passage they have constructed first floor balcony is this allowed

Querist : Anonymous (Querist) 03 October 2010 This query is : Resolved
My Mother who died intestate has left 3 feet common passage to her daughter. We are 6 children to our parents. Now my mothers property i mean land and building has come for sale. Daughter has got 9 feet common passage on the other side in addition to 3 feet stated above. Daughter is blackmailing us that we cannot sell that common passage to the purchaser. We want to sell that common passage to the purchaser and state very clearly in the sale deed that both purchaser and daughter in question can use that common passage for ever.

Daughter has constructed balcony for first floor in her house using the common passage
Is this allowed as per law or can we move the matter in the court and get it demolished as common passage is meant for walking and no structure should come in that passage either in the ground or any floor. My parents have not sold the common passage to their daughter.

Please advice me urgently

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s.subramanian (Expert) 03 October 2010
Her constructing the balcony in the passage is illegal and atrocious. You can file a suit for declaration of your common passage right and for mandatory injunction to demolish and remove the illegally constructed balcony.

R.Ranganathan (Expert) 03 October 2010
I differ from expert Mr. S.Subramanian. If the construction of balcony is in the first floor then it is not illegal. It is only an extension in the first floor. It will in no way affect the common passage in the Ground floor. Open space in the ground floor only is a common passage. The construction of balcony will not be considered illegal by the court. But the land can be sold alongwith the common areas to the purchaser.

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