Q1. We have an ex-member in our Commercial Complex, who owned 2-3shops. He ran a restaurant there and on request, the builder had allowed him to use the nearest toilet for his patrons. The builder had alloted that area to him through a very ambiguous letter. This area is not mentioned in any of the sale agreements This member later sold off all his shops but continues to use the toilet area, which he converted into an office. He either uses the place himself or leases it out. a. What is the legal status of this person? b. What is the first action that needs to be taken by the society to evict this person? Q2. We have one more case of allotment done by the builder to a person. A duct area was alloted as a shop to a person. This person is on the member list of the Society since its inception and used to pay maintenance . When the member grew old, his son continued to use the place. The member has now expired and his son continues to use the place. The members son has not been paying maintenance also, since the last 2 years. There is no sale agreement, stamp duty or registration done for this alloted area a. What is the legal status of the members son? b. What action should the society take in this matter?
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1)once shops were sold the toilet cannot be used as office premises by ex member
2)society should issue him legal notice to vacate the premises
3) complaint to municipal corporation against illegal office
4)file eviction suit in both cases as common areas is for benefit of all members
1. If the tolitel cumoffice is notowneed by him nor taken on rent then he is the trespasser and he can be evicted from the space.
2.Moreover if same is within the common area then the builder can not transfer the smae to anyone he chooses.
3.To get this back fast best option is to file a case beofre the consumer forum and ask for this delivery of possession o cost of the space.
He is not the owner of that area and can be termed as encroacher.
Send a notice of eviction through the management committee.
See as to on whose name the said duct area is, if it has been more than 12 years then it will be considered as an adverse possession.
please check the papers first.
Regards
a. He is an unauthorised occupier of that place especially when he has already sold his connected shops in the premises.
b. The society should first issue a notice instructing him to vacate the unauthorisedly occupied common area of the society and deliver the vacant possession within a time stipulated in the notice, after that it may pursue the legal process of ejecting him from this portion of the complex.
2. a. The son f member is also an unauthorised dweller in that place, in fact that member himself is an unauthorised person since he has no sale deed or lease ded for this portion of occupied premises.
He also to be dealt with the same type of treatment.
b. As suggested above.
