Legal Question in Real Estate Law in India

Dear Sir,

I am the owner of a flat in a 9 storey building in Thane. I live on the 7th floor.

My floor has three flats. My flat is in a corner and the common passage in front of my flat leads to an open terrace. Other Society members use this passage to access the terrace for their personal use.

I am a single female professional, staying out all day at work until 7PM.

My flat was broken into and robbed a few weeks ago. This is the fourth robbery in the building. This has made me feel extremely unsafe. I requested the Society to install a collapsible door leading to my flat for my safety, and keep the keys to the lock for the convenience of other residents.

On their refusal to do so, I installed the door at my expense and offered the keys to them. They have refused to take the keys and have noticed me to remove the door or it would be removed by force.

I am convinced that I am being singled out by the Society for harassment because I had opposed several of violations by the office bearers of the Society. Some are listed below:

There is a hospital on the 1st floor sharing the entrance with all residents.

All the robberies have been performed by criminals pretending to visit the hospital. The basement of the building is a warehouse with wood and flammable materials stored.

Some members of the Society have performed modifications to their flats and common areas, without the approval of the Society. Few have purchased terrace close to their flat and installed collapsible door on common passage.

But the Society has taken no action against any of the members. However I am being forced to remove the collapsible door which I have installed for my safety.

I sincerely need your advise for future course action on my part. How can I keep the door for my safety?


Asked on 2/02/10, 2:17 am

1 Answer from Attorneys

Shrichand Nahar S.V.Nahar, Advocate

Whether society provided any reason for not allowing such a door?

If no reasons are provided by society, consider writing a letter to Society with copy to police that despite installation of a iron collapsible gate to prevent thefts at your costs for the benefit of other also, society is threatening forcible removal of said safety door without assuring any other measures of safety.

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Answered on 2/02/10, 2:51 am


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