Who owns the space in front of the shop?
Querist :
Anonymous
(Querist) 01 April 2020
This query is : Resolved
Who owns the space in front of the shop?
Flat member or shop owner
Raj Kumar Makkad
(Expert) 01 April 2020
What do you mean by flat member?
What is the location of flat and shop owner and what is their mutual relationship?
Post full facts.
Rajendra K Goyal
(Expert) 01 April 2020
Please provide following information:
1. How are you concerned?
2 Where is the property.
3 Whether the property is in Society, municipality area, panchayat area or otherwise?
4 Whether any society exist to manage the affairs?
5 Legally who has the title on this property?
6 What is the basis of dispute?
7 Whether the property is common area road or otherwise?
8 Whether the area was developed by the Builder and now society has been formed?
Rajendra K Goyal
(Expert) 01 April 2020
Broadly Flat owner or said shopkeeper is not entitled to claim any more area than held by them legally in their conveyance deed.
Raj Kumar Makkad
(Expert) 01 April 2020
Unless the author comes with the facts of his query no definite opinion can be offered to him.
Rajendra K Goyal
(Expert) 02 April 2020
Waiting for the information sought, temporary use of some common area, municipal area, space for passage is only temporary and ownership / title is never passed due to this temporary use.
P. Venu
(Expert) 02 April 2020
Yes, you have not posted the material facts.
Akshay
(Expert) 02 April 2020
Hi
Glad to help you out, but wants to more about your query to provide you accurate advice, the facts which you have given , space might belongs to municipal authority , if it belongs to the authority then u both have no right on it.
Regards,
Akshay Gupta
Raj Kumar Makkad
(Expert) 02 April 2020
Replying on assumptions and presumptions is not the job of the experts. Let the author come with full facts and it shall be wise only thereafter to submit appropriate reply.
Rajendra K Goyal
(Expert) 02 April 2020
Expert Sudhir Kumar Ji, Author has not bothered to provide facts and required information. However, mere property being before the shop or a flat, title never pass in favor of flat or shop owner.
Hemant Agarwal
(Expert) 02 April 2020
1. ANY & ALL spaces to exception of sanctioned area of Flat /Shop (as in the Building plans) are classified as "common open spaces" and "Free of FSI spaces", under the Regional Town Planning Act.
2. By virtue of the above, common open spaces which are free of FSI, are not encroach'ble /usable /claimable, by the property owner.
3. However, in Mumbai, under BMC laws, the "otla" (3-4 feet) outside a Shop, can be "temporarily" used during the Day-time for keeping things and this is exempted from purview of Penalty /Prosecution by BMC /Police authorities.
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
Sudhir Kumar, Advocate
(Expert) 02 April 2020
He has nowhere stated that the shop is in planned area
He has nowhere stated that the shop is in Mumbai.
Hemant Agarwal
(Expert) 02 April 2020
Kind Attention: SUDHIR KUMAR
1. INTERESTING observation !
2. HOWEVER, where did the queriest say that Shop is in an unplanned area .OR. that Shop is in Delhi or Dhaka ????
Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com
T. Kalaiselvan, Advocate
(Expert) 02 April 2020
The author has not come out with details, hence no proper opinion can be rendered
Dr J C Vashista
(Expert) 03 April 2020
Vague and incomplete facts can not lead to form proper opinion and oblige.
It is advisable to consult a local prudent lawyer for proper analyses of facts/documents, professional guidance and necessary proceeding.
Rajendra K Goyal
(Expert) 03 April 2020
Since the author is not coming with full facts and also not providing required information, he should contact local prudent lawyer and discuss in detail.
Raj Kumar Makkad
(Expert) 03 April 2020
If author has not come with the full facts, we shall keep on singing and dancing daily attending his incomplete post at least twice a day???????
Why the author should supply the full facts when we are already providing replies keeping in view all possible aspects?
Hai Re Ye Number Game, Jane Kya-Kya Krake Chhodega......
