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

On January 18 this year, I registered a flat (on the second floor) in an apartment complex housing around 80 units in Bengaluru. On May 26, the owner of the flat exactly below mine, erected an aluminium /glass structure (like a sun-shade) on my side of the balcony wall.

He did not inform me or take my permission before doing so. The structure measures approximately 10 feet by 3.5 feet.

When I took the matter to the Welfare Association of our society, for some reason they did not question him and have backed out saying that the balcony side wall is a common area.

How do I go about getting the structure removed?

The builder of the society is facing financial troubles and is not helping me out either.

Rama Raghuraman

Chennai

Normally, the clauses in the construction agreement would cover the rights of co-owners as well as provide certain stipulations relating to maintaining the elevation of the building and dealing with common areas.

If the Association is unable to intervene and set things right, you may issue a notice through your lawyer to the other flat owner and follow it up, if necessary, with a suit for appropriate directions for removal of an unauthorised structure.