• Can I install a separate water tank in my flat roof?

We stay on the top floor but we are not getting water due to water pressure problems. Therefore, Can we install a separate water tank on our flat roof separate from the main water tank but to be filled simultaneously with the main tank?
Asked 7 years ago in Property Law
Religion: Hindu

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8 Answers

You cnnaot install separate water tank on terrace

2) you need consent of all flat owners of building and also permission of municipal corporation

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

Well, there is no law which restrict installing such separate tank.

2.However since the water connection line is one and common for all the falt owners setting up separate tank for one/two individual flat owners is not allowed by others.

3. So more than seeking opinion from us you need consent of other flat owners to construct such tank for you exclusively.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

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We stay on the top floor but we are not getting water due to water pressure problems. Therefore, Can we install a separate water tank on our flat roof separate from the main water tank but to be filled simultaneously with the main tank?

You may not be allowed to do this by the society, because you are not the only one who reside in the society, the other apartment owners will also raise this issue.

In fact there may not be any such rule to facilitate any particular resident with the extra privilege as what you seek now.

You may discuss with your society president and the secretary about this and find a solution to the prevailing water problem, if this cannot be solved then you may propose to have your own water tank and seek their permission for this.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

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But If I am not allowed to install a separate tank by the other flat owners, Isn't it an infringement on my fundamental right under Article 21. If this is not allowed, what steps should I take because I am an owner of my flat also?

You are into a society, you are not the only owner in the society, there are several others in this society.

All the residents are owners of their respective flats/apartments.

There is no question of infringement of your rights as protected by article 21 of the Indian constitution.

In fact your this proposal or act can be considered as illegal and contrary to the bye laws of the society.

You are residing in the top floor, this will automatically confer you with the terrace rights also.

The terrace is a common area and the society is the owner of all the common areas.

You cannot question the authority but can always place a request before the authority/society for their approval which may be granted after their meeting with the members or may be decided in the general meeting by passing a resolution to this effect.

T Kalaiselvan
Advocate, Vellore
84890 Answers
2190 Consultations

5.0 on 5.0

It is not infringement of your fundamental rights

2) complain to municipal corporation that you are unable to get adequate water supply and to take remedial measures

Ajay Sethi
Advocate, Mumbai
94689 Answers
7526 Consultations

5.0 on 5.0

File a suit for declaration and injunction for making such constructions.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

A. You cannot install a separate water tank as your right and interest over the flat is undivided and Joint nature. The reason is that this duty and responsibilities regarding this directly goes to the maintenance company i.e Apartment Association. Moreover, in case they permitted to install this that other flat owners will object the same and they may tender demand their other demand those they are getting different problems.

B. You can submit your demand before the Apartment Association to clear issue if you are getting a problem towards water pressure.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

A. You can send a e-mail or raise you voice in the Association General Body meeting to resolve the issue. Later, you can issue a notice to the Association if they do not respond or clear the issue.

B. Everyone will get ownership right with reasonable restriction and obligations. However, you will get ownership with peaceful possession to enjoy the property without any interference and issue less. In addition to this, you can file a suit against the association under infringement of your legal right which is guaranteed under the Article 21 of the Indian Constitution. When your not able to enjoy your property with peacefully and issue-less it amounts to possession (ownership) at trouble.

B.T. Ravi
Advocate, Bangalore
943 Answers
96 Consultations

5.0 on 5.0

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