• Common area uses

One Of My TOP floor owner restricting us to use top floor for Maintenance of water , Playing of children's and using terrace for SUN . He says he is having roof right with paid extra amount . but For PNG connection he is not allowing us to use this facilitates PNG connection need some construction works to deploy PNG connection for all other member's in building .

Please suggest what to do ?
Asked 7 months ago in Property Law
Religion: Hindu

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12 Answers

1. File Civil Suit under Easement Act, in the local Civil Court, for right of way /usages /facilities for essential activities etc.... supported by proper photographs, documentary evidences, witnesses etc....

2. You will surely get favorable orders from Court.  There is no other simpler solution, other then amicable settlement or court intervention.

Hemant Agarwal
Advocate, Mumbai
4712 Answers
23 Consultations

5.0 on 5.0

Terrace forms part of common area for benefit of all members 

 

2)file suit seek court orders to restrain top floor owner from disturbing your access to Terrace  for purpose of PNG connection and for other purposes 

Ajay Sethi
Advocate, Mumbai
75969 Answers
4543 Consultations

5.0 on 5.0

Hi,

Though he may be having roof rights but your right of maintenance, PNG can't be restricted. The aggrieved person can file a case of injunction against the person who restricted access.

Ganesh Singh
Advocate, NEW DELHI
5009 Answers
9 Consultations

4.5 on 5.0

Dear client 

Before decide your case we have know about your Apartment agreement among  while owners they p

 

1.As said as the top floor owner some extra money for exclusive right for top floor you can't do anything

2. If there is no such agreement you file injunction to your lawfull entry .

3.

P. Gnanam
Advocate, Ambattur
18 Answers

Not rated

Terrace comes under common area, even he has paid for it, no exclusive right. Can file suit in court for direction not to interfere with common usage of terrace.

Yogendra Singh Rajawat
Advocate, Jaipur
19448 Answers
25 Consultations

4.5 on 5.0

 common area of a society is the area can be used by everybody and it cannot be restricted to anyone person to be used as private area in your case if society is making any restriction on use of the top floor terrace then it is the purview of the society that it should be used for common purpose only not to be used by a particular family for the use of their sitting in the sun playing in that area and restricting others to go to that area you need to take action accordingly and if other people using that common area you may also use that there is no such destruction and if you are facing any problem then you can complaint to Registrar of societies and chits along with some other person who is facing similar problem for the direction to the society.

Vimlesh Prasad Mishra
Advocate, Lucknow
6575 Answers
22 Consultations

4.9 on 5.0

If your Agreement says that you have a right to access the terrace, then you don't have to seek permission from anyone much less the owner of the top floor. If your movement to the terrace is being hindered, then you must fight for your right.

 

Mohammed Mujeeb
Advocate, Hyderabad
16588 Answers
11 Consultations

4.5 on 5.0

If its society than terrace is common for using purpose and for maintenance purposes also. If anything goes wrong than society has to take responsibility of common area. As per the Cooperative Society Act.

Ganesh Kadam
Advocate, Pune
10212 Answers
92 Consultations

4.9 on 5.0

Ans. Write to the Managing Committee that the particular person is restricting your movement in the top floor. Inform the Managing Committee that you need to access the top floor for which purpose and that the said area should be accessible to all the members of the Society.

Garima Anil Mehrotra
Advocate, Mumbai
416 Answers
1 Consultation

4.9 on 5.0

Yo first of all ascertain that whether he bought the roof rights also along with the property by a registered sale deed document.

He paying an extra amount without proper documents cannot be accepted to be his property or he is having any right over the roof.

If he is still objecting then issue a legal notice and obtain an order injunction restraining him from interfering in your enjoyment of the said common area.

If it is a common are he cannot restrict other members from using the common area, if there is an association you may give a complaint against him against this atrocity, let the association take an action, in the absence of an association you can initiate legal steps directly.

T Kalaiselvan
Advocate, Vellore
65935 Answers
861 Consultations

5.0 on 5.0

You should file suit for permanent injunction against him to restrain him from stopping you to Install PNG connection and child access. 

Mohit Kapoor
Advocate, Rohtak
8753 Answers
3 Consultations

5.0 on 5.0

This comes under the right of easement andhe cannot deny these things to you. File a complaint against him.

Regards 

Rahul Mishra
Advocate, Lucknow
9088 Answers
16 Consultations

5.0 on 5.0

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