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Common area used for business activity


19-Apr-2023 (In Property Law)

We are owning commercial unit in the society and running a business. But, the association has set up the conflicting business using the COMMON AREA through 3rd party without any rent. We are having rights in undivided share in the common area. We want to stop this immediately. Can we get a stay order on this?

Answers (2)

Answer #1
619 votes
Dear, sure you will have a remedy against some one who really cause or interfere for your right to use of common passage. Further please be clarify on what ground you have been assigned with undivided interest over the common area and further though you got undivided interest over the common area, you are not entitled to use the said common area exclusively by you as it meant for other beneficiaries to use the said common passage. Your remedy may be restricted to use of said passage by you without any interference by any body.
Answer #2
706 votes
If you are the registered owner of the commercial unit, then your sale deed might have given you ownership of the common areas we well. As such, if you have any objection to any activity going on in the common area, then you can challenge it. However, if the Association of the owners has passed a Resolution approving it , then you will have to find out the reasons for which you can challenge it - which can be found from the Association Agreement itself. My advice is to approach the Association with a written communication and wait for a Reply. Once you receive the reply, if it is not satisfactory, then you can file a case.

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