• Builder floor with roof rights

I have bought a builder floor actually top floor with roof rights.I have made papers with same clause.
Now after 2 yrs my roof started to get damaged & Leaking due to water tanks lying on my roof for total 5 floors.
My question is whether I can remove their tanks from roof or not.
what formalities I have to do for removal of tanks.
Kindly advice me at soon.
email: rameshkr31@gmail.com
Asked 3 years ago in Property Law from delhi, Delhi
What are the clauses in the agreement with respect to removal of water tanks? The answer to your question lies in the agreement itself.
Ashish Davessar
Advocate, Jaipur
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speak to builder regarding the issue and if he does not give properly reply then approach the court
Rajeev Bari
Advocate, New Delhi
1506 Answers
92 Consultations
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Builder sells the top floor giving  roof rights to the owner but infact the roof of the building is a common area for all the occupants. If you try to remove the water tanks you may face a criminal complaint or a injunction suit from others. One buys a top floor with this attraction that he would be able to make further construction but it is not so. It is only builder's salesmanship.
H. S. Thukral
Advocate, New Delhi
524 Answers
130 Consultations
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you cannot remove water tanks from terrace . it forms part of common area . if water tanks are leaking all flat owners have to pool in and carry out necessary repairs or replace the water tanks . if you remove the  water tanks members of building would be deprived of water and they will file police complaint against you and move court for necessary reliefs
Ajay Sethi
Advocate, Mumbai
24835 Answers
1334 Consultations
5.0 on 5.0

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