• Terrace right of top floor owners

Dear Sir, last year i purchased 1st floor in builder constructed property in Delhi. In my registered conveyance deed it is mentioned that " i agreed to purchase pvt no 101, First Floor without roof / terrace rights" . It is also mentioned in registered conveyance deed that i can fix dish antenna & water tank in terrace which is fixed there. my top floor owner always keep lock terrace gate and dos't give key to other floor owners but opens it whenever we want to check our water tank or dish antenna. i want clarification in below points whether i can have legally below points. 
1. Can I dry our cloths in terrace
2. Can I enjoy sitting in terrace in evening
3. Can i do any function in terrace by using tents / pandas
4. Can i force Top floor owner to give me duplicate key.
5. can i sleep in terrace.

Regards,

krish
Asked 3 years ago in Property Law
Religion: Hindu

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12 Answers

First of all, why you agreed for without roof top right ? Terrace comes under common area and cannot hold by any single owner. Jointly owned by all.

Yes,

Yes,

Function by mutual understanding between members.

Yes,

Yes,

Too enforce all such right, can file civil suit or mild force can be use.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1) you cannot dry out your clothes in terrace 

 

2) you can sit in the terrace in evenings 

 

3) you cannot do any function on terrace 

 

4) you cannot sleep in the terrace 

 

5) you can request him for duplicate key 

Ajay Sethi
Advocate, Mumbai
89848 Answers
6516 Consultations

5.0 on 5.0

You will have only those rights which are given in deed to you. You don't have terrace rights... So u cannot force anything on the owner. But you can request and enjoy if he allows. 

Regards

Gopender 

Gopender
Advocate, New Delhi
384 Answers

4.9 on 5.0

Since you do not have any roof rights, you cannot avail any such facilities on the rooftop of your building without the consent of the person having roof rights ie top floor owner. 

Siddharth Jain
Advocate, New Delhi
6203 Answers
101 Consultations

5.0 on 5.0

- A Terrace or rooftop is a common area in a residential building which is for the enjoyment and benefit of all its members. Hence, the terrace is a common portion and does not belong to the top floor owner.

- The builder/developer has no right to sell the terrace. because a builder does not have the authority to sell the terrace of a building.

1. Yes, you have right for the same as per law.

2. Yes, including the other inhabitant of the building.

3. Yes, with the permissioin of other flat owner , and it should be common for all the owners.

4. Yes, if he refused to supply the same , you should issue notice against him, and further you can approach the Court for getting order for using and having key of the terrace.

5. No, it should be common for all . May be some owner have objection for it. 

 

 

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

At all times you will have access to roof top for maintenance of water tank, plumbing system, fixing of TV/cable antenna etc. At no point of time you can be deprived of your right to go to the roof/terrace for maintenance of water tanks, plumbing system, fixation of TV/cable antenna etc.  This should mostly include your pt. no. 1 and 2 and 5. 

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

Dear Sir,

A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members. ... A community hall, a play area, a garden, a stairway, a terrace and elevators are all shared areas and have to be made accessible to all the apartment-owners without any ownership issue

In the case of Bihari Lal Jalan vs DDA ( Civil Writ No. 2034 of 1992) the High Court of Delhi vide judgment dated 18th February, 2003 has held that the terrace is a common portion and does not belong to the top floor owner. The Court has held as under: ... No co-owner can assert a preferential right over the terrace.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

Dear Sir 

You have Already stated limited rights but if the agreement /sale deed /property documents are brought forward there are chances of more clarification 

Anand Shukla
Advocate, New Delhi
666 Answers
14 Consultations

4.9 on 5.0

1. Yes

2.Yes.

3. If it's common terrace you need permission if private then you can. 

4.Yes.

5. Not always

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

If you have a water tank or dish antennae on the terrace then to access it you don't need permission very time. . 

 

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

If terrace rights are not given to you in sales deed by owner then you cannot perform why function or enjoy any rights of terrace. 

You cannot force top floor owner to give you duplicate key of terrace. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The terrace is common area until and unless the rights over the terrace has been sold to any flat owner by a registered sale deed.

Therefore you can use the terrace for your cited general uses like drying cloth or relaxing in the evening but you may not be allowed to do functions in the terrace without ther permission of the association.

Your activities should not be a hindrance to the other members of the association

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

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