Legal Question in Landlord & Tenant Law in India

i am the member of registered society there are 15 members in the society. i am staying at 9 th floor. there is a terrace on 10 th floor i am staying since last 26 years in society and enjoying the terrac e facility since begining but recently the other 12 members have decided to put lock on terrace inspite of objection letter given by me they are not allowing me to use the terrace for morning walk and harrash me by giving reason that if somebody makes suicide it is difficult for them.as there is no evidence of such type since last 40 years eventhough they are not allowing me to use the terrace and had pass such ressolution in the general body meeting. my question is was such ressolution is valid ? inspite of such bend can i use terrace ? what are the way to outcome from such situatuion ? as there is no park for walking near by and my health is suffered kindly give guidelines


Asked on 8/18/12, 10:53 am

2 Answers from Attorneys
Vivek Mapara Vivek N. Mapara

If terrace is a common property of the society, then no body can restrict any member from using that property. It is common, and by no resolution can it use be restricted. However, use can be regulated but not restricted. You can file proceedings before cooperative society board of nominees.

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Answered on 8/18/12, 12:32 pm
Aniruddha Pawse Aniruddha.P.Pawse Advocates

i agree with adv Mapara

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Answered on 9/11/12, 4:02 am


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