• Iron grill built near pathway of the flat

Hi, 
I stay in a standalone apartment where in each floor there are 5 flats. Ours is the corner flat. We have constructed an iron grill just 5 feet front of our flat which doesn't lead to any pathway obstruction.This is purely pathway of our flat and usually doesn't be used by anyone. One side of the grill is supported by end of the kitchen wall of the neighbor's house. Does this comes under common area? Does this lead to any dispute?
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Have your falt on ground  floor ? 

Any area after outside wall comes under common arer. 

Yogendra Singh Rajawat
Advocate, Jaipur
22987 Answers
31 Consultations

1. ALL areas, to the exception of area mentioned in the Flat agreement, outside the main door are classified as compulsory common open spaces and any encroachment of such common open spaces become liable for prosecution under the regional town planning act and the local municipal act.

2. The above is irrespective, even if it does not obstruct any other flats.  Further till nobody actually lodges a complaint, the municipal office does not serve any notice for such encroachments.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

It forms part of common area for benefit of all flat owners 

 

you will have to remove iron grill in case objections are raised by society 

Ajay Sethi
Advocate, Mumbai
96757 Answers
7804 Consultations

Yes, this is common area of the Building or society. You own space starts from inside the main door.

Ganesh Kadam
Advocate, Pune
12987 Answers
262 Consultations

- If your Sale agreement is having clause that , the members should not use the common areas and facilities for the purpose for which they are intended without hindering or encroaching upon the lawful rights of the other members , And the member shall not make any any structural modifications or alterations in his/her flat if such modification or alteration are likely to affect the building or to any flat , then you cannot built iron grill near pathway of the flat . 

- However, as the said iron grill is not encroaching upon the right of other members, hence you can built the same after getting permission from the Society. 

Mohammed Shahzad
Advocate, Delhi
14417 Answers
221 Consultations

Even if this particular space is exclusively used by you the same is part of the common space or facilities in which each flat owner has equal impartible share. 

In that circumstances none of the flat owners can demarcate his undivided share by way putting any kind of fencing. 

Therefore the flat owners proceed to file the suit against you do remove the structure immediately. 

Devajyoti Barman
Advocate, Kolkata
23191 Answers
510 Consultations

As per the approved building plan if that area is defined as common area..then it should be treated as common area only irrespective of its use.

Sricharan Telaprolu
Advocate, Hyderabad
170 Answers
91 Consultations

Yes this comes under comman area and if anyone complaints than ofcourse dispute will be raised 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The space in front of your flat is a common area and hence you cannot construct an iron grille there. Although if nobody has any objection then you may do so.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

No it doesn't come under common passage or area. 

No problem, let them go against you and your rights are protected under the Law.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

Dear Sir,

There is no problem till the time it is objected and resisted by any person. You are suggested to enjoy the same and do the minor modifications if objected and resisted by someone stating the safety of the person and property.  

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

Common Area does not belong to any particular individual. Read your sale agreement where it would have been clearly mentioned that no modification are allowed in common area.

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

Every areas which are outside our flat is common areas except private terraces

Prashant Nayak
Advocate, Mumbai
32366 Answers
199 Consultations

Yes pathway outside your house comes under common area of building and it can lead you in dispute with neighbours because you cannot block any common area of building without consent of other residents of building. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

Yes it is a common area 

Swarupananda Neogi
Advocate, Kolkata
2973 Answers
6 Consultations

Whether there is any obstruction to anyone or not, any structure put up by you in the common area is objectionable.

If it is objected by anyone or even the association then you may have to remove it because it has been put up by you in the common area.

You may make sure that it do not object or obstruct others in any manner so that it do not attract the sore eyes. 

T Kalaiselvan
Advocate, Vellore
86958 Answers
2334 Consultations

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