I guess roof here is terrace and it is a common space. You can send legal notice to the landlord and developer regarding it and it will be beneficial if other owners too join with you in this. And on the basis of ultimate rights on roof mentioned in your conveyance you can approach the court to claim that right.

Terrace forms part of common area for benefit of all flat owners

2) file complaint against builder/ society / landowner before consumer forum and seek orders to direct them to give access to roof to all members

Builder cannot sell roof rights

2) it forms part of common area for benefit of all flat owners

3) civil courts cases take years to be disposed of

4) consumer courts disposal is faster

Chat is the terrace in legal sence.

You can overrule on the basis of it being a common area. And such clause in principle / mother deed was not mentioned to you.

You can approach consumer court or civil court whichever is convenient to you.

In consumer court judgement will come sooner than civil court and appeal of its judgement lies in civil court.

In case of civil court judgement will take time and appeal lies in high court. But as high court is expensive aggrieved party does not always approach HC.

Sir the terrace is the common area and cannot be sold to the land owner even through the mother deed it is forequal access and enjoyment of the all the members in the building.

File a complaint before the consumer court challange the sale of the roof and asking rights to access same as common area,

Sir the terrace and Chat the area open from above and covering the topmost flat. So this shall form part of the common area there fore file an consumer complaint regarding same, claiming equal and undivided right of all in roof

Dear Client,

Such agreement is of no value. All ownes have common right to use roof and in land area all have 1/8th ownership and builder possessing 4 flats so 1/8th * 4 his ownership

Hi, you can file a case at consumer court for compensation ..Also you can file a civil suit for declaration in court

1. The roof right given to you is subject to the deed the developer made with the land owner.

2. So the developer can not give you more than what he is left with.

3. So you can have access with only that area which the developer retained with him which passed on to you.

4. Now if you have got anything less than what you were promised with then you can file a case before the consumer forum seeking damages and compensation.

So there is no need to go to civil court.

A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members. Although it has been seen that many developers resort to selling or giving exclusive terrace rights on payment, the practice is illegal.

Hello,

You must go and file a suit before the consumer forum for the unfair trade practice.

Since the flat has been sold to you and ultimate right has been given to you therefore you have all the right to claim the same or claim compensation in lieu of the same.

Regards

1. There are Judgments passed by courts confirming that all the flat owners will have equal right to use the roof.

2. There might be construction right given to the land owner after the additional floors are constructed, all the flat owners shall have to the right to use the roof of the top most floor.

1. All the flat owners have the right to use the roof whereas the owner of the land might have the right to construct additional floors thereupon subject to getting sanction from the local Municipal Corporation.

2. Actually you should have examined the Mother Deed before buying the flat.

3. However, there is hardly any chance that the Municipal Corporation/Authority will sanction any plan for constructing additional floors on your roof for which you need not worry much now but should keep an watch on the further steps to be taken by the land owner and the developer.

4. Please note that even if additional floor are constructed, all the flat owners shall have right to use the roof of the top most floor.

Both are same and bright of terraces either with builder or as per the mother agreement as the landlord has the right to use the part of the terrace rest can use by all the honours of the flat this cannot be given to only one person

The roof rights cannot be claimed exclusively by any owner of the flat including the land owner.

It comes under common areas hence all the members of that apartment complex are entitled for roof rights.

Anyone denying the rights of the other members can be dragged to court or for legal action through police for illegally restricting or obstructing them from using the common areas.

I dont know the difference between terrance and roof from legal point of view. The Roof what i am mentioning here is the top most part of the building commnly known as “chat”. Can my deed overrule their mother deed? Should i go to consumer forum or civil court? I heard that consumer forum’s order is binding for party.

There is no much difference between the roof rights and terrace rights.

If you have documentary evidence that you are entitled to roof rights by the registered conveyance deed, then you can very well drag the person causing obstruction to civil court with an injunction suit or consumer court for relief and compensation