• Roof/terrace rights

Hi.
our building is gf, ff and sf (with roof & rights except tanks).
my neighbour (ff) has filed a police complaint and police wants to visit with authorities to handover keys or rather allow gf and ff to use roof and not just tanks.
We never denied the excess to tanks but we do not want our roof to get locked and handover keys to both floor when we have paid for the rights.
Asked 8 years ago in Property Law
Religion: Hindu

2 answers received in 10 minutes.

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6 Answers

1, it is to be seen whether the owner of other floors have got roof rights or not while purchasing their respective flats.

2.If they received such rights while purchasing the flt then you can not deny them to use the roof.

3.If their deed is silent on this then also they have tie roof rights since it is common to all all falt owners and one particular flat owner can not use it exclusively.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

terrace forms part of common areas for benefit of all flat owners

2)you cannot deny other flat owners access to terrace or roof

3)even for carrying on further construction on roof you would need consent of other falt owners

4) allow all other flat owners access to terrace

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

Hello,

You cannot in any way deny access to terrace to the other people as it generally forms part of a common area.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

I need to see the deed with regards to the right to access terrace, for a concrete opinion.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

You may file a counter apply with the Police and explain them your case they the exclusive right to use the roof is with you since you've paid for you.

Vibhanshu Srivastava
Advocate, Lucknow
9770 Answers
323 Consultations

What do you want to establish?, whether the roof rights or the access to over head water tanks?

The police cannot interfere in this civil matter.

If the neighbor is agitating and objecting to the usage, then you may file an injunction suit if no solution is arrived by talks.

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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