Your property-related legal queries answered by S.C. RAGHURAM, Partner, RANK Associates, a Chennai-based law firm

I (along with three others) stay in a TNHB apartment block at KK Nagar. It was allotted to us in 1972 .

With the consent of owners of all the apartments, in May 2015, we signed a joint venture agreement with a builder to construct eight flats. It was decided to allot four units to the existing owners and sell the remaining four flats. The flats are nearing completion and the completion certificate is pending. It has been observed that the lift room on the terrace (a common area) is occupied by one of the new buyers and he has installed a heat pump, generator, an RO plant and two tanks.

The builder and the said owner have not responded to our queries. How do we sort this out?

T.R.Sundar

Chennai

Any part of a common area cannot be used by an individual purchaser/allottee for his personal purpose. The other owners can issue a registered letter to him to remove the items installed in the common area and if the same is not complied with, the other owners can file a suit in the Civil Court and issue appropriate proceedings against the said purchaser and the builder for appropriate directions.