Legal Question in Civil Litigation in India

Owners right in open space

I had purchased and took possession of two flats in an apartment of three floors of 14 dwelling units built in the total area of 6grounds and 1200sq.ft.under joint venture in chennai in the year 2008 in the first and second floor of the apartment. The landlord who had given in a joint venture had got the ground floor of 4000sq ft of commercial area with a flat of 1300sq ft and two flat in first floor. The land lord had physically sealed the back portion of the open space to the tune of 3800sq ft and 2000sq ft of open terrace and he claims that since he is entitled for the 60 percent of the property by which he had done the agreement and only 40percent of which the builder is sold and we have no right for it. There are two gates in the back side of the apartment and two gates in the front side and we ten owners have got to use the front gates only for entry and exit which is cubersome and when i as a member of the association rake up this issue he challenges us to move the court to have a division or he says to fight with the builder since the builder had sold us the flat kindly suggest me what i have got to do and my rights are curtailed and we have been forced to use only one third of the open space in the ground and the terrace


Asked on 1/07/09, 2:34 am

1 Answer from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Owners right in open space

It will be a civil dispute; and if a litigation is forced upon you, you may have to contest the same appropriately on the basis of defence available in terms of rights derived by you from the sale deeds executed in your favour.

You may need to carefully check your sale deeds as also the rights of your vendor by keeping in mind the settled legal position : 'no seller can pass on a better title than what he himself has'. Examine the rights of your vendor and on that basis your rights.

It may be better to reach an amicable settlement.

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Answered on 1/07/09, 7:45 am


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