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Is basement a common area? Can we claim mesne profit, if other people of building use it commerciall


13-Jul-2023 (In Civil Law)
We have 6 flats in a builder floor along with basement. People bought these flats when the building was constructed in 2000s. Since then some people have sold their flats to others. Over time a single person has bought both units of ground floor and has claimed the basement area as well for his personal use. Stating that just like roof rights in any building, he has acquire basement rights from the previous owners. He has now converted the basement into an office and given it on rent. I want to know, if the basement could be sold like this to one person? Or do ground floor owners have exclusive right on basement because of their ownership of ground floor? Can it be put on rent for commercial purpose if the property is on notified commercial street? Are these things legal? These offices are encroaching on all the common areas. We need some recourse against them. Please help.
Answers (3)

Answer #1
693 votes
ask him to show you papers that basement belongs to him only.. if he doesn't do that file a legal notice... still he doesn't do file a suit to get these commercial activities stopped in the rented basement as on whose authority he has letted out the basement if he has no right to do so
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Answer #2
743 votes
Firstly the basement is not the common floor it will have to be seen whether the builder has sold it to someone or not. In your case it seems illegal . If its commercial road, then rent for commercial purpose can be given. But first we have to see for it what is the status of the property ie basement floor, whether it is residential or commercial in the records of the concerned authorities.
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Answer #3
992 votes
ANSWER IS ANSWERED IN NEGATIVE. First, builder buyer agreement needs to be perused whether they have exclusive ownership of basement or not. Second, the nature of the property shall be residential, therefore, it can be given on rent for commercial purpose, it's illegal. third, in the absence of any agreement, the basement is for the use of all the residents in the building. yes, legal recourse can be taken finding appropriate measures according to the case.
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