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Roof Right Problem Roof Right Problem

3 years ago

Can Roof Right holder stop other owners of the lower level flats from accessing roof?

Adv. Sarika Khude

Responded 3 years ago

A.building approved plan need to see and other documents to give proper legal advice.
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Ankur Goel @ Complete Law Shield

Responded 3 years ago

A.generally not.

depends on lot of things...
agreements
common utilities like water tan, DTH anntena
was in use in past and closed suddenly.


Hope this clarifies,
Advocate Ankur Goel (Complete Law Shield)
#YourLifeYourChoice
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Prashant Deshmukh

Responded 3 years ago

A.Find out whether the roof is belongs to him or what? Get building approved plan. Don't rely on only agreement. Sometimes the builder illegally sells roof to certain flat owner even though the roof is belongs to society and society members are believing that he is owner of the roof, which legally he not. On other side if the a person is legal owner of the roof (even as per the approved plan) then it is his private property and certainly he can restrict entry of others on the roof.
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Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
In the landmark judgment delivered in the case of Sri Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Society court held that as the pocket terrace was not exclusively attached to his flat and had a common entrance, therefore, its use cannot be restricted to the disadvantage of the other residents. If the roof has been sold exclusively then the owner can stop the residents.
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Anik

Responded 3 years ago

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A.Hi,
In the landmark judgment delivered in the case of Sri Ramagauri Keshvlal Virani vs Walkeshwar Triveni Co-Operative Society court held that as the pocket terrace was not exclusively attached to his flat and had a common entrance, therefore, its use cannot be restricted to the disadvantage of the other residents. If the roof has been sold exclusively then the owner can stop the residents.
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