Supreme Court Clarifies Ownership Rights in Common Areas
The Supreme Court, in its order dated 10.12.2013, has clarified the ownership rights of flat owners in common areas and facilities, overturning a previous ruling by the Punjab and Haryana High Court. The Supreme Court emphasized that flat owners have a right to use common areas, while the colonizers retain ownership.
Distinction Between Common Areas and Community Facilities
The judgment specified that certain amenities like nursery schools, shops, and community centers are not considered common areas as they are part of a larger planning scheme and not exclusively meant for flat owners' use. The ruling highlights the distinction between essential facilities integral to flat enjoyment and those designed for broader community use.
Thank you.
The Supreme Court, in its order dated 10.12.2013, has clarified the ownership rights of flat owners in common areas and facilities, overturning a previous ruling by the Punjab and Haryana High Court. The Supreme Court emphasized that flat owners have a right to use common areas, while the colonizers retain ownership.
Distinction Between Common Areas and Community Facilities
The judgment specified that certain amenities like nursery schools, shops, and community centers are not considered common areas as they are part of a larger planning scheme and not exclusively meant for flat owners' use. The ruling highlights the distinction between essential facilities integral to flat enjoyment and those designed for broader community use.
Thank you.
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