• Unauthorized use of common passage

Dear sir, On my floor a common passage has to be used by me as well as my adjacent  flat . Mine is the corner flat. Now my adjacent flat owner is using that area for storage of shoe rack, chair and also for gardening. Even they have fitted their main door with an additional grill  door that has a opening in common  passage. I asked him frequently to put all these things inside their flat but they denied even misbehaved. our society is still run builder and I already made a oral as well as written complaint regarding this but all in vain. Please suggest me how I should peruse my case?
Asked 4 years ago in Property Law
Religion: Hindu

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18 Answers

Dear Client,

All these Type of Issues Are Very Small But they are creating lots of disturbances between the two families.

Understanding between u is the only remedy in this cause. Convey ur trouble to ur adjacent owner another time if not just made a complaint in Police station Or Send a legal notice to the person by describing your problem with him.

and warn him through notice is better thing.

We are here to do such things...

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

File suit and seek court orders to direct neighbour to remove encroachment on common passage

2) before you file suit issue legal notice to neighbour to remove encroachment on the common passage

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

File injunction suit in court.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Complain to muncipal corporation against encroachment on common passage and fitting of additional grill on the common passage

Ajay Sethi
Advocate, Mumbai
87899 Answers
6207 Consultations

5.0 on 5.0

U can complain the local body/municipality, for encroachment in common area and if that area is offered by builder as common area, than it is his duty to clear it, if he do not, u can file consumer complaint, as offered amenities are not acc. to agreement. If registered with RERA, complain there.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Actually it is called as Trespass and it is a offense no person shall enter in to the others property with out his permission. In Foreign Countries they Filed so many Cases in Trespass.

Through Court is the better way for U.

First send Legal Notice through by advocate and he is not responded for that file a trespass case in the competent court in your jurisdiction It is U/S.441 of IPC and the punishment is with imprisonment of either description for a term which may extend to three months, with fine or which may extend to five hundred rupees, or with both.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

1. Write a letter to the local body complaining against your neighbour for doing illegal extensions to his flat without the permission of local body.

2. The local body will not reply most probably. So follow up through RTI.

3. You can also approach the police for trespass. But I would suggest to avoid this as this will lead to bitterness between you and your neighbour.

4. Before taking legal steps once again approach your neighbour and explain him that he cant use the common passage for his exclusive use. If he does not budge, then proceed aggressively.

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Common spaces in an apartment cannot be encroached for personal use.

Write to the builder calling upon him to ensure that the passage is cleared of all encroachments.

Take a legal route if a builder turns a deaf ear to you.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Follow the advice tendered.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

First of fall in the legal point of view it is illegal occupation of common property so you can

1. You can first give a written legal notice about encroachment.

2. File a suit to remove encroachment and permanently restraining them from illegal occupation of common area.

There can be criminal liability can be also there for restricting others right on enjoyment of common area.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can complain the municipal authorities for illegal encroachment and alteration in flat without permission and illegal occupation

Raise the Issue in form of notice to builder also that he should be made party in the suit as he is looking after society its his job also to stop encroachment on common property he shall listen.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

what are the other measures I can take with the help of other local bodies?

Answer:

1. You can issue a legal notice to this person to remove the structures built by him and also restore the common passage area for genera usage;

2. You can then file a complaint before the municipal authorities and keep your case for hearing before the adjudicating authorities;

3. If nothing works out then method of last resort approach the court.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

As it is the private residential property, you can’t approach any functionary authorities for help.

But, yes can call Police, and they will put you towards the court battle too.

Firslty, it is your easement right of passage which can only be safeguard by the civil court.

It is the private dispute not public at large, so try to resolve it not run away from it.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

You issue a legal notice to the neighbor about this and instruct him to remove the obstructions in the common passage.

If he is still not listening, then you may file an injunction suit agaisnt him seeking to remove the obstruction in the common passage and for the relief of easement rights.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

Apart from court case please tell me step by step procedure to resolve the issue. what are the other measures I can take with the help of other local bodies?

Issued a legal notice and since the society is not formed, you may endorse a copy to the builder and ask him to interfere in this and solve the issue.

Next step is to approach court with a civil case.

T Kalaiselvan
Advocate, Vellore
78057 Answers
1543 Consultations

5.0 on 5.0

If there is an association raise the issue..or else file an injection suit and seek appropriate relief...before filing civil case first issue legal notice informing the other flat owner to remove obstruction in the common passage

Sricharan Telaprolu
Advocate, Hyderabad
156 Answers
67 Consultations

4.9 on 5.0

You should file a civil suit for permanent injunction against that person. He has no right to encroach upon your area because by doing so he is causing nuisance. In this condition the court will grant entrim injunction immediately on the first hearing of the case later on grant permanent injunction by the way of decree.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

4.9 on 5.0

If society is not formed then you need to move to court for the same. Else Complaint can be filed to Dy Registrar of Co-operative societies if society is formed.

Prashant Nayak
Advocate, Mumbai
27232 Answers
88 Consultations

4.4 on 5.0

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