Under the Gujarat Ownership Flats Act, 1973 (and the Gujarat Apartment Ownership Act), property is split into two categories. The flat/house area specifically bound by your registered Sale Deed. Spaces like external perimeter walls, main gates, internal roads, common plots, and shared infrastructure meant to serve or secure the entire society. These are owned proportionally by all members and managed by the Co-operative Housing Society or Association of Apartment Owners (AOA).
If the compound wall forms part of the outer boundary of the entire housing society (protecting the complex or a row of houses from adjacent roads or outside plots): It is a common amenity / common asset of the society. The society must bear 100% of the repair costs out of common maintenance funds or a special repair fund collected from all members.
If the compound wall is a partition wall between your plot and your neighbor’s plot (inside the society premise): It is considered a shared or private wall serving only your unit and the adjacent plot. The society is not responsible; it is a shared personal liability between you and your neighboring owner.
If your registered Sale Deed does not explicitly list the outer compound wall as your private exclusive property, it is legally deemed part of the common society infrastructure.
A handover deed records physical handover parameters from the builder. Mentioning a wall here only acknowledges its existence/handover, but does not override statutory property definitions under Gujarat housing laws.
Write a formal letter to the Chairman/Secretary of the Society sent via Registered Post AD (RPAD). State that the wall forms part of the outer perimeter/common layout and is omitted from your individual Sale Deed as private space. Request them to provide the specific clause under the registered Society Bye-Laws or General Body Resolution that shifts common wall maintenance to an individual owner.
If the committee refuses to maintain common property or continues harassing you, file an application under Section 96 of the Gujarat Co-operative Societies Act, 1961 before the Board of Nominees (Co-operative Court) in Ahmedabad.
The Registrar/Co-operative Court has clear jurisdiction over disputes regarding common area maintenance and committee duties.
