I own a penthouse and there is a common half wall between my private terrace and the common terrace. I have constructed an iron door to access the common terrace. My question is 'Can I access the common terrace from my private terrace through iron door'? How can the society claim outer side of the half wall which is part of my pent house private terrace to be the common terrace wall? Looking forward a good lawyer to answer the query.
You can touch common boundary wall between Pent terrace and common terrace. What so ever you want to built that is inside the boundary wall.
With the help of society agreement and proper permission your can use the indoor gate which you have built it. and get the rule pass in AGM.
You cnanot construct iron door to access common terrace
2)society can ask you to remove the iron door built by you
3) you cannot access common terrace from your probate terrace through iron door
SIR
I would just like to inform you that common area is common for all, any one can access it, there should not be a problem as you are not barging in some ones private property, that is a common area.
Legally you can access if you have not made any illegal construction on the common area. ( Also go through the terms and conditions in your Agreement) if nothing specific is there, then no body can stop you.
Your Society can not claim anything which belongs to you or owned by you.
Just Make sure that no construction is done by you on the common area.
1. Well, refer to your sale deed to find out the rear which belongs to you as your private terrace.
2. Te private terrace belongs to you can be used by you exclusively as terrace only and certainly it cna not used as common terrace.
3. If there is a boundary between private and common terrace then I wonder where is the problem.
4. if there is any dispute as regards its demarcation or user then you can lodge complaint with the authority under which the flat owners association is registered.
Society may state it as a common area but it cones under the private space of your house. They may object but you can use it. As per MCS Act all the areas except the private spaces comes in common areas
1. IF the sanctioned plans have not marked any iron door to common terrace THEN you will not be able to alter anything which will be termed as illegal & unauthorized modification.
2. However you may apply to the local Municipal office citing security reasons and take permission for your requirements. You would require Society NOC for the same to apply to PMC.
Yes, you have access to common terrace but others have no right on your portion.
The act of the pent house owner of encroaching the terrace is illegal because all the flat owners have undivided and common interest over the said space. \
The roof is a common space and hence its use can not be restricted either by the owner of penthouse or the builder.
Firstly you confirm that if the penthouse is part of the approved plan.
If the pent house is not part of building plan, then the pent house is illegal.
If any other member of the apartment file a petition against the builder and the pent house with Municipal authorities and get the pent house demolished as illegal construction, then you will be under great trouble and heavy loss.
Also if any other owner file a petition in the civil court for injunction against the pent house owner and the builder and claim ownership of the terrace rights, then it will be under unnecessary litigation.
Therefore it is suggested that you better continue to enjoy the terrace belonging to you alone and not disturb the common terrace at the risk of losing plenty of your own issues.
You may maintain cordiality with the association and other members so that nobody will try to disturb your enjoyment of your property.
If you want to tackle it legally, then you may have to be perfectly alright in legal aspects with regard to all the issues involved in your property.
Concept of comman wall must be in the bylaws of the society or the registered documents of your penthouse. If it was agreed that the wall would be comman than ofcourse this have to be accepted.
You can access the comman terrace through your gate by the consent of the RWA,
Your private terrace is your private property and you have built a gate there. You may access a property which is public through your private space. There is nothing illegal in that.
1. You can surely access the common terrace from your private terrace.
2. Society cannot claim title over the outside half of the common wall if the site plan shows that wall belongs to you.
No, you cannot construct iron door to common entrance.
On objection by other inmates, society can ask you to remove the gate, since it will be disturbing the access of other occupants to go to terrace.
You cannot obstruct the common entrance of all the inmates by installing iron gate, if it is possible you can have gate to your property without disturbing the common areas.
1. You cannot alter the structure for making a door without due permission , you have right to access the common roof though making a door for same you need due approval from association and from authority to alter structure and make a door.
encroachment in common area cannot be permitted. it has to be removed by the managing committe/society.
Yes you can access common terrace from your private terrace.
