If your agreement has roof rights with you then it's not a common area. Only the common area like common terrace is accessible to everyone and not other areas. The parking allotted to all should be used by them and can't encroach on other parking spots. You can seek clarification from builder about the same. If they still harrass you then you can file complain against them for criminal as well as civil action
Roof and parking rights of the top floor residents
Our house is a three story builder floor building. We bought the second floor (top floor) with roof rights mentioned in our registry from GMADA as "second floor with Malikana Hak of roof of the building". However, builder installed the three water tanks of 1000 litres each, provision of dish TV and AC units of all the floors on the same roof. We were informed by the builder that we can allow the access of the roof to other residents of the building for any maintenance of their installed belongings but they need our consent before using the same. We locked the terrace for security point of view but allowed the access to other people whenever needed but the ground floor resident's lawyer claims that the roof is the common area and we can't lock the door. If we lock it then the ground floor resident double lock our terrace and stops our access or even once she broke our lock and complained falsely to the police that we broke her Dish TV . Her lawyer is forcing us to open the lock or he will take legal action against us. We would like to know our rights for the roof. The builder also allotted two parkings to each floor out of six parkings where three are inside the building and three in front of the building as it is a park facing property( two parkings inside the building for the ground floor , one parking inside the building for first floor and one parking outside for first floor , two parkings outside for the second floor). The ground floor resident says she paid for the 50% share of the property and she has full right to lock the front two doors of the building out of three. Infact the doors and the three parkings of the building are illegal as they are extended portions of the plot. She doesn't park her vehicle inside and uses our space to park her vehicle. She even called the police today and threatened us to sue us in the court if we ask her to remove her car from the common area outside the house. We are really in dilemma how to oppose her.
Asked 4 years ago in Civil Law
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4 Answers
Terrace forms part of common area for benefit of all members
2) if doors are illegal complain to muncipal authorities for demolition of unauthorised construction done
3) seek court orders for demolition of unauthorised construction
4) no need to bow down to pressure tactics of lawyer
Dear client, the lawyer is right, as terrace is a common area meant for the benefit and enjoyment of all the residents. Similarly, car parking also falls under 'common areas'. No resident can legally claim any exclusive rights over the use of such common areas. these matters have to be sorted out amicably through your residents' welfare association.
First of all you peruse the registered sale deed on your name and ascertain your rights, if you are not able to identity your rights as mentioned in the sale deed, you can vet the documents through an advocate and understand your rights.
After that you can issue a legal notice to the ground floor neighbor objecting to her interference and unjustified obstructions in the name of some flimsy grounds. You can also instruct the neighbor to refrain from indulging in any such unlawful activities that may infringe or deprive your rights in the property including your usage of common areas which would include the parking space.
Failing to respond or she turns violent with an aggressive act against you by being provoked over your legal notice you can first lodge a criminal complaint against her for the acts of threats and abuses including the physical assaults if any.
After that you can file a permanent injunction suit against her restraining her from obstructing your rights/usage of the common areas and other issues.
You can consult a local advocate and proceed as suggested.
