Sale Deed

Querist : Anonymous (Querist) 03 May 2011 This query is : Resolved
In an apartment complex, if a person having a duplex apartment having an 1925 square feet rigestered against his name can claim to the open balconies which is not registered on his name but shown in the registered sale as open balconies, occupy and extend his duplex house even after some owners objects to it.
The said extensions regularizastion was rejected by the municipal corporation and has issued notice for demolition.
Now they have approached the court against the notice of the court.
Do they have any rights to the encroached area and are they justified to get relief in the court.

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Chanchal Nag Chowdhury (Expert) 03 May 2011
Extending of his flat is illegal. However, user of the open balconies depend on the term of the sale deed & the position of the open balconies.

Sri Vijayan.A (Expert) 03 May 2011
If open balcony comes under the common area or the common facility, the person can enjoy the balcony along with the other co-owners.
He or anyone can not claim absolute and independent ownership over the said balcony.

abhay dholakiya (Expert) 04 May 2011
there so much complisity in cases like this and different high court given different types of judgment for this type of case i thing u may go for suit throught esement act

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