THE TAMIL NADU APARTMENT OWNERSHIP ACT, 1994 states
"5. Ownership of apartments –
Each apartment owner shall be entitled to the exclusive ownership and possession of his apartment in accordance with the Deed of Apartment executed and registered in accordance with the provisions of the Act.
(4) Each apartment owner may use the common areas and facilities and the limited common areas and facilities in accordance with the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other apartment owners. Exactly the same is in Deed of Apartment executed and registered in accordance with the provisions of the Act".
The Deed of Apartment executed and registered clearly states that
• The common wall is for both the neighbours and both have no right or title but just have right to use and not to keep items.
• Everyone needs to respect vertical, horizontal & lateral support for their apartment and reciprocate the rights of other owner.
My neighbour claimed ownership of the entire wall dividing the two apartments while the Registered Deed of Apartment clearly states that the wall is Limited Common Area and belong to both the neighbours. To demonstrate the ownership of the wall, my neighbour kept flower pots against that clause of Deed of Apartment. The plants in the pots spread three feet into my area violating my space.
My Flat Owners Association is not willing to initiate action against violation and asked the individual to sort things out against the provisions of THE TAMIL NADU APARTMENT OWNERSHIP ACT, 1994 and their own bye laws.
My next recourse is to appeal to the Registrar to direct my Association to initiate action against my neighbour to restore my rights.My association is registered in Chennai South Sl no 12.2017.
Can anyone provide me the address of the Registrar and his mail ID?
