• Related to roof right

I have a bought a builder floor at upper ground in Shahdara Delhi in Nov 2013. Builder has taken water connection charge and electric charge from each owner. He provided separate electric connection but one water connection. Now I want to take separate water connection but forth floor owners not allowing to do so as they have roof right. Can we put separate water tank on fourth floor.
Asked 2 years ago in Property Law from Delhi, Delhi
Religion: Hindu

If the same has not been provided by the builder then you can not install a fresh water tank.

If however, all the other members gives NOC with regards to the same then you can install the water tank.

Regards

Anilesh Tewari
Advocate, New Delhi
17278 Answers
267 Consultations

5.0 on 5.0

You need permission from muncipal corporation to install separate water tank on top floor

Further consent of fourth floor owner would be necessary

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

Hi, it has to be seen in the builder buyer agreement , that has been provided to you .. Whether the roof rights are common for all the allottes or it has been specifically granted to 4th floor owner

Hemant Chaudhary
Advocate, Gurgaon
4310 Answers
31 Consultations

4.9 on 5.0

You can not ask for the refund, since you agreed to this condition in 2013 you can not resile at this juncture.

If the builder has built a flat in the parking area then move an application with regards to this in the authorities and ask for its demolition.

SC has given clear guidelines that the parking area can not be used for any other purpose.

That depends on the agreement between the builder and the owner of the 4th floor that he/she can construct anything or not.

Regards

Anilesh Tewari
Advocate, New Delhi
17278 Answers
267 Consultations

5.0 on 5.0

Construction of flat on parking is illegal

Complain to muncipal corporation against illegal construction

3) for construction on roof permission of other flat owners is necessary

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

If they have been specifically given the roof rights in terms of their sale deed, you necessarily need to take their permission before installing the water tank on the roof. You may peruse their sale deed to find as to whether the roof rights given to them are absolute or conditional.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

The builder must have only taken a contribution from all the buyers against the single water supply/connection taken for the entire building.

Any sort of construction in the parking is illegal because encroachment of common spaces is impermissble under the building bye laws. Write to the concerned local authority for demolition of this illegal flat and for taking action against your builder.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

If the plan has been sanctioned for 4 floors by the DDA then the 5th floor can not be constructed.

Sought an RTI and see what permission has been given by the authorities.

Regards

Anilesh Tewari
Advocate, New Delhi
17278 Answers
267 Consultations

5.0 on 5.0

Any floor constructed/erected in excess of the number of floors approved, shall be illegal.

Thus, if only four floors are approved for your building, the 5th floor can never be constructed.

Vibhanshu Srivastava
Advocate, New Delhi
8734 Answers
144 Consultations

5.0 on 5.0

Construction of 5 th floor would need permission from muncipal corporation and consent of all other flat owners

Ajay Sethi
Advocate, Mumbai
69139 Answers
4158 Consultations

5.0 on 5.0

You have right to install water tank on the roof of the building

If anybody obstruct your right complaint to MCD

Or send legal notice and file a suit

Harsh Kumar Sachdeva
Advocate, Delhi
24 Answers
1 Consultation

4.0 on 5.0

Sir,

To property answer the question, we need to go through your sale deed. The terms and conditions can then only be ascertained. Often accesibility and other terms are classified.

Anand Shukla
Advocate, Delhi
487 Answers
12 Consultations

4.9 on 5.0

If he has roof rights mentioned in his sale deed then you cannot install over head tank without his permission.

Ascertain the factual status and plan to initiate appropriate legal action as per law

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

If you want to have separate water connection you have to approach the concerned authorities to get the same as per provisions of rules in this regard.

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

If you apprehend that the upcoming floor has no approval you may complaint about it with the concerned authorities in advance and if need be you may approach court for remedy and relief.

T Kalaiselvan
Advocate, Vellore
58991 Answers
749 Consultations

5.0 on 5.0

Dear Client,

All owner in the building have equal right in the portion of both land and roof, IF 4th floor wala creating seen , get the remedy through court.

Yogendra Singh Rajawat
Advocate, Jaipur
14668 Answers
19 Consultations

4.6 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer