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Arun Raj   26 July 2024

Regards balcony ownership in apartment

 

Hi,

I have a northwest flat with a 10-foot walkway in front of my door, no other flats in that walkway.  In the plan layout, this walkway is mentioned as a balcony. At the time of purchase, the builder told me it belonged to my flat. Now Adjacent flat owner is claiming that that is the common area and you must remove the gate and grill. How to deal with this.

 

 



Learning

 5 Replies

T. Kalaiselvan, Advocate (Advocate)     26 July 2024

Your neighbor is neither the authority on this nor he is a ctonrolling officer to control such issues.

If he has any grievance then he can approach the association and escalate the matter to the deputy registrar where you can convince the authorities concerned about your  exclusive usage owing to the location hence in order to protect your privacy that you have secured the area by installing a grill gate.

Dr. J C Vashista (Advocate )     26 July 2024

Show the sale deed to a local prudent lawyer for better appreciation of facts and professional advise.

H.JanakiManohar Rao (lawyer)     27 July 2024

All stairs,balconies,pathways are common areas.No individual has any right to occupy or block.Only inside four walls only belongs to the owner of that flat as per Apartment Act.

Dr. J C Vashista (Advocate )     27 July 2024

Very well analysed, opined and advised by experts Mr. T Kalaiselvan and Mr. H Jank Manohar Rao, I fully agree and appreciate their acumen.

No one has exclusive right over balcony, pathways, roof, columns, girders etc of the premises, wherein everyone has a right, claim and interest for usage and such areas are termed as "common areas".

Get such encroachment vacated through Managing Committee /AGM / Registrar.

Arun Raj   27 July 2024

H.JanakiManohar Rao sir,

Read more at: https://www.lawyersclubindia.com/forum/regards-balcony-ownership-in-apartment-234990.asp#reply

I don't intend to infringe on the common area. we installed the gate as it was said by the builder it belonged to my flat and even when I calculated SFT what I bought (950sqsft). it is coming to around 950 SFT when I add carpet area, wall widdth, common area, parking, and this balcony including this not even 950sft. without a balcony, measurement is around 890sft. Moreover, my apartment is located in Gram Panchayat. it's not a RERA-approved one nor HMDA/TDPC.

Meanwhile, can you help me with Apartment act details where can I get this?


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