Hello sir,
My name is Manik Prabhu and am staying in apartments located in hyderabad.
My flat is in 4th floor which is last one and including total area is 1020 sft. My neighbours flat is 1180 sft.
We have a lift in between both flats and back side of lift is open area which can be used exclusively by me only as there is a door facilitated to us.
My neighbour can access it by opening his windows. Now he is forceably opening the windows grills and trying to dump all the sh*t items.
In front of his home there is a common area in which he has occupied with grill fitted and he is saying that it is registered and agreed by the builder during registration.
Now my query is whether common area can be registered?
And if cannot be registered, can it be used by both owners.
Kindly help me by providing your valuable suggestions.
Every co-owner owns every square inch of the land held in common and hence every co-owner is entitled to walk upon and use every piece of the property.
However, there are certain limitations to be followed in terms of using the common areas.
No co-owner can enjoy the common property in a way which causes detriment to another co-owner or a co-owner cannot put up a permanent structure on a common property or put the common property for any exclusive use. Therefore, co-owners right to enjoy the common areas is limited to the right of the enjoyment in commonality.
However, a co-owner has the right to seek partition and separate the possession of the common area. But, this right can be given up by signing an agreement in writing by all the co-owners.
Co-owners are also entitled to release their shares in the property to and in favour of other co-owners by making of Release Deed. In case a co-owner dies, his/her share of common property will entrust upon his/her legal heirs. However, in the death of a co-owner, his common share can be transferred to other co-owners.
