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Co op Hsg Society- pocket terrace
12-Jun-2023 (In Property Law)
Issue pertains to CHSL located in Mumbai suburbs. Society was established in 70s
- no individual agreements were entered
- no specific letters were given re. area
- members have share certificates as a document of ownership
- conveyance was handed over to Society by the owner/developer
Society has a flat with pocket terrace open to sky with exclusive access from their flat. Flat owners claims that the area is owned by him but is not submitting the necessary documents inspire of several requests. Society original plan was stolen and only a.copy of plan is available
How does society establish that the pocket terrace is indeed owned by society an not by owner
You can take out the certified building plan from bmc.
Also there is a Supreme Court ruling that a terrace is a common amenity.
As you say that there is no agreement then what proof will he have.
Kindly contact us for a detailed discussion.
Also there is a Supreme Court ruling that a terrace is a common amenity.
As you say that there is no agreement then what proof will he have.
Kindly contact us for a detailed discussion.
Helpful?
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33+
Adv. Asha Bhuta
Mumbai | 100+ Answers
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This is my response to you:
1. The society can contact the builder and the architect of the building;
2. If the original plans are not traceable then approach the municipal office;
3. If the flat owners has no document to prove the ownership of terrace then send him a legal notice;
4. Consult a local lawyer and take steps.
1. The society can contact the builder and the architect of the building;
2. If the original plans are not traceable then approach the municipal office;
3. If the flat owners has no document to prove the ownership of terrace then send him a legal notice;
4. Consult a local lawyer and take steps.
Helpful?
44+
44+
Adv. Gowaal Padavi
Mumbai | 500+ Answers
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