• Ownership of outer walls of flat

I own a flat on the ground floor of a G + 4 building. I want to know , who is the owner of the outer walls of my flat ? The society is planning to fit some elecrtical devices ( like junction box ., cables .etc ) on the outer walls of my flat ( below the balcony ). Can I prevent them from doing so ? Also, which govt. authorities, can I approach to protect my property ? Who is responsible for an electric audit in a low rise housing society ?
Asked 10 days ago in Property Law
Religion: Hindu

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13 Answers

1. You are the owner of it.

2. Of course, you can prevent them from making any alteration to the outer walls of your flat.

3. Immediately serve a lawyer's notice to the RWA to demand that they must not make any alteration to or tamper with the outer walls of your flat, and if they don't heed it, you can file a suit for permanent injunction against it in the competent civil court.

Ashish Davessar
Advocate, Jaipur
30635 Answers
893 Consultations

5.0 on 5.0

The entire building is owned by the society 

As such the outer walls are also owned by the society 

If all safety measures are taken then no society member can raise any objection 

Also the action of the society has to be reasonable in so far as the installations. If they can be installed at any other suitable place in the building then that should also be explored. 

If due to technical reasons that is not possible then provided all safety checks are in place, the member cannot oppose such installations 

When you say that the installations are being fixed below the balcony, I assume it is below the balcony of the upper floor and are not fixed inside any balcony which may be attached to your flat 

If you have reasons to believe that the installations are wrongly made and encroach upon your flat, then you can write to the District Deputy Registrar of Co-operative societies of your ward

Yusuf Rampurawala
Advocate, Mumbai
6199 Answers
50 Consultations

5.0 on 5.0

You are the owner of flat but maintenance of outer walls is society responsibility 

 

2) society can install cable , junction box outside your flat 

 

3) approach muncipal corporation if you have any grievance against unauthorised construction 

 

4) for dispute with society approach cooperative court for necessary reliefs 

Ajay Sethi
Advocate, Mumbai
82669 Answers
5248 Consultations

5.0 on 5.0

Dear Concerned, 

 

The outer façade is under the maintenance and ownership of the the Housing society itself, you may be able to find the exact position in the Maintenance agreement / Agreement with the society you have.

 

You may choose to approach civil court for Injunction however if the society is installing the stated equipment's for public good, your chances are minimum, 

 

Best of Luck  

Atulay Nehra
Advocate, Noida
1276 Answers
58 Consultations

5.0 on 5.0

The wall is owned by you and without your sanction the society can not use it for any purpose. 

Therefore lodge complaint with the Registrar to stop them from fixing junction box.

Complain with Electricity department as well. 

Devajyoti Barman
Advocate, Kolkata
22445 Answers
353 Consultations

5.0 on 5.0

The outer walls of building/flat/house belong to the owner. There is no doubt about that. You can very much stop the society from even touching your walls.

Ravi Shinde
Advocate, Hyderabad
1007 Answers
8 Consultations

5.0 on 5.0

-    The Flat is owned by you.
But outer walls is responsibility of the society if society is registered.
Society repairs outer walls and colour them.

 

-    You are at ground floor, so below balcony means parking !
Then it is roof of parking ?
installations can be fitted below/outside your balcony.
It can not be fitted inside balcony.

 

-    But if any fitting is hazard then you can raise objection and ask society to install at other place.

You can complain to registrar of societies.

Ankur Goel
Advocate, Bangalore
311 Answers

4.9 on 5.0

If its a common area then they can do the same. If any damage is done to your property you can claim the same from them

Prashant Nayak
Advocate, Mumbai
23442 Answers
49 Consultations

4.4 on 5.0

Dear Sir/ Ma'am, 

1. you are the owner of a flat on the ground floor, but the outer walls of the flat are the responsibility and duty of society.

2. however, if you have a grievance, approach the municipal corporation against such installations. 

3. you can also approach the court for remedies against the actions of society. 

Thank you

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Anik Miu
Advocate, Bangalore
1516 Answers
18 Consultations

5.0 on 5.0

Dear Sir

You have to approach civil court and get injunction order against them as they are doing illegal activities which causes permanent damage to your walls.

Kishan Dutt Kalaskar
Advocate, Bangalore
5897 Answers
297 Consultations

4.8 on 5.0

You are the owner of your flat and the outer wall or inner wall is a part of the flat which is exclusively  owned by you.

You object to the installation orally, if they do not pay heed to it, then you may issue a legal notice instructing them to refrain from indulging in such activities which is an interference of your possession and enjoyment of your property.

If they still do not listen to it andare bent on going ahead with their plans, you my file an injunction suit against the association restraining them from installing any devices on your property. 

T Kalaiselvan
Advocate, Vellore
72756 Answers
1110 Consultations

5.0 on 5.0

The society may in the interests of the residents install meters or other electrical systems/devices. The outer don't belong to you unless someone is damaging the walls and as a result your flat is being damaged.

Therefore you may lodge a formal complaint with the RWA if you have a genuine grievance. If they do not respond then file a complaint against them before the registrar.

Rahul Mishra
Advocate, Lucknow
12649 Answers
31 Consultations

5.0 on 5.0

- As per law, a society/RWA has no legal authority, to issue moral, ethical and social diktats to its residents.
- Further, Society by law and resolutions must be limited to the mandate of governing the society’s affairs and nothing more.

- You are owner of the outer walls of your flat , as it not come under the common area of the society. 

- The society cannot do any acts against the consent of the members and without getting approval from the GBM.

- Hence society cannot fit the said electrical devices without getting your consent in written. 

- Further, since RWA is a legal body, registered under the Societies Registration Act, 1860, hence one can sue against its function, if not performing well.

- Further, as per the rules of the Societies Registration Act, any member or non-member can file a complaint.

- Further, the Registrar of Societies is bound to take action against the errant RWA on a legitimate complaint.

- Hence you can lodge your compliant before the Registrar . 

Mohammed Shahzad
Advocate, Delhi
7062 Answers
73 Consultations

5.0 on 5.0

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