terrace forms part of common area for benefit of all members
for carrying on construction on terrace you need permission from the association
you cannot be restrained from entering apartment bought by you
file police complaint against office bearers
Harrasment by multistorey apartment owners on various levels
I have just bought an apartment in Hyderabad around 2 weeks ago. All the documents are in order and the landowner in a joint construction agreement with the builder in 2004, reserved the complete rights to the roof for himself. This is clearly shown in the main agreement and as well as the two supplementary agreements including details on the apartment that was to be built. An application had been filed along with payments for approval from the BRS dept. in 2008 and then in 2015 by his widow as he died prematurely in 2012 – why twice I haven’t really gone into that but appears the correct processes were put in place and that is all that concerns me. However there is stay order in the Telangana courts filed by an MP (not sure of all the info on this), the approval has been held up along with over a lakh of applicants waiting on the same. I was aware of this and I was also aware of the fact that the lady owning the apartment was suing for defamation and harassment citing the Building Association as the culprits of this situation. Last week I entered the flats to discuss the process of renovations and organise the removal of certain waste material caused by pigeons. By the evening I was refused entry by the 2 watchmen who were following the orders of one of the members of the committee. The owner's husband was meticulous in leaving behind a very thorough set of documents that were very complete but it clear to see attempts were made to bully the widow in order to frighten her off the ownership of the apartment The flat owner who ordered the watchmen to refuse entry to me and my workmen into the premises claims they are fraudulent amongst a host of other wild claims. Claims that are all completely baseless. After providing a brief outline on the situation my question is this. 1. Does the building association have the right to block my entry into the premises? 2. What are the rights of a landowner who has kept the whole of the terrace rights to build an apartment and reserve the rest of the space of the terrace for private use? Thank you in advance for any answers I may receive.
Asked 5 years ago in Property Law
Religion: Other
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9 Answers
The former owner of the flat filed for a case sueing them defamation they put a notice on the notice board saying she was selling the flat illegally etc etc and harassment (vandalised her place electric lines cut lifts stopped at one point water cut off etc and cars parked in her 2 car spaces belonging to one of the owners who has 5 cars) is there some way of avoiding any caveat applications that could be placed on rights to the quiet enjoyment of my apartment and its surrounds - by putting in an application for a restraining order on the building association or is this a police matter? Thanks again
Asked 5 years ago
1. The flat owners association has no right on the sale and enjoyment of a flat in the building. In other words if you have purchased a flat in the building complex on the basis of a valid sale deed then the association can not restrain you fro entering into the premises. if they do you have the option of filing both civil suit for declaration and injunction and criminal case of wrongful restraint.
2. You have no better title than your seller. If your seller had roof rights which were sold to you then you have that right accrued to you as well.
No they dont have any rights you can go against them if you have any active court order and file contempt petition. you can also file complaint to dy registrar being competent officer for the same.
1. The association cannot stop your entry if you have valid and registered title documents in your name.
You can issue a legal notice or make a complaint against him with the local police for this atrocity.
2. The documents that speak on this circumstances.
If she is having a proper document to this effect then she can claim terrace rights otherwise it may belong to common area.
You can file a caveat petition against them and then file an injunction suit simultaneously restraining them from stopping your entry into the property that you purchased by a registered sale deed.
Dear Sir/Madam,
You may approach the Civil Court seeking relief of permanent injunction restraining them from interfering with your property.
association cannot stop you, file complaint against association in jurisdictional police station.
you may approach the civil court and file declaration and permanent injunction.
Dear Client
If you are owner of the flat the Building association cannot stop you from entering the permises.
The right of the land owner according to the agreement over the roof cannot be challenged as it is clearly mentioned in the agreements.
It is a matter of police complaint that some people are harassing the lady to give up her rights in the property. If police doesn't take cognizance of the offence then she can approach District Magistrate and file a Criminal complaint Under section 200 CrPC and section 156(3) for direction police to file FIR.
- As per the information mentioned in the present query, makes it clear that you have been illegally restrained form entry on which you have a right created by virtue of law being the owner of the same property.
- They might be thinking that they are above the law, but in fact they have been doing it illegally and will have to face the legal consequences for the same.
- You should file a suit for injunction before the civil court of law seeking injunction against their illegal act to retrain you.
- Once, you file the same then thereafter, you can discuss all the illegality in your suit timely before the court of law.
