Exclusive Rights of Flat owner on Common balcony
I purchased a flat having 1200 sq.ft out of which 214 sqft. mentioned as common area including passage, balcony etc. My floor having 3 flats on which I am occupying flat having higher sq.ft. The floor is on 'L' Shape, on which I occupied corner flat ie single other two are on row. In front of my door common balcony(ie botton stretch of 'L') . Whether I can use the same for my exclusive right? If yes how much portion. Whether I Can put any grill for that portion in order to avoid people using area in front of my main door(even though it is common.).It is not a common passage.
the definition of "Common" means available for all to use, the word exclusive takes away that right of others (in your case two other on same floor) to the access of this portion, but as you mentioned that you're flat is towards the end of the floor, L shaped, and that the area available opposite to your entrance, you wish to put up some iron grill or aluminium shutter to have some privacy.
Just as long as the grill or structure put up by you is temporary, there is no problem, but a WALL becomes permanent and this can be objected to by the remaining two flat owners, including the builder.
Advocate Kiran N MurthyIndiranagar, Bangalore
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