Legal Question in Real Estate Law in India

I am having builder floor in Ghaziabad at first floor, the builder has kept some area in front of Ground Floor as open and for parking and has given extendable gates. However, same is not covered as parking in the registry of any of owners i.e. Ground Floor, First Floor & Second Floor.

Now my question is, whether, claim of owner of Ground Floor claim that the area in front of Ground is their property and they are free to construct wall, etc. to cover the area correct or not. Ground floor owner's property has been registered only upto their main door and rest of the area has been shown as open.

Is the ground floor owner rightful in claiming the open space?

What are the legal remedies available to First Floor and Second Floor owner in case Ground Floor owner does not agree to sharing Common space?

Is there any case law in support of our contention of sharing of common spaces?


Asked on 1/28/13, 4:03 am

2 Answers from Attorneys
Setu Niket Curare Legal

No, the ground floor owner is not rightful as it is the common area of easement wherein, the wall is illegally being constructed. He cannot claim right over open area and it shall be deemed illegal construction.

(a) Either you can approach the local authority or file a police complaint.

(b) or you can file a suit for permanent injunction restraining him from encroaching upon or constructing upon the common open area.

Regards

Setu Niket

Advocate (9873109672)

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Answered on 1/28/13, 4:45 am
Shrichand Nahar S.V.Nahar, Advocate

Check local laws governing schemes of flats/bungalows and act accordingly.

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Answered on 1/29/13, 1:30 am


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