Roof right issue

4 years ago

I bought first floor in a builder flat in chankya place , Delhi. Now the top floor person is putting lock on the roof saying that he has roof rights. Water tanks of all the floor are place at roof. My question is that can he put lock on the roof gate, and everytime when I go to check my water tank I need to notify him and take key from him. Plz refer below for what is mentioned in the flat registry about the roof and advise:
"That the owner/occupant of top floor shall allow vendees and other occupant of the building to go on the roof of the top floor during all reasonable hours for installation, maintenence and repair of tv anteena and water tank and the occupant of the top floor shall not raise any objection in this regard"

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Shreyash Mohta

Responded 4 years ago

A.Roofs etc are common to all and cannot be used by one single person or locked upon.
This is illegal.

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Kishan Dutt Kalaskar

Responded 4 years ago

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A.Dear Sir,
Each one of you must have a key and access to the roof no one can prevent you.

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Suneel Moudgil

Responded 4 years ago

A.it's illegal to put a lock on the roof gate,
serve him/her with a legal notice,
and then file a case for creating a nuisance and get a stay order against locking the roof gate.

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Sayaree Ganguly

Responded 4 years ago

A.Dear Client,
If it is written on your agreement that you have got easementary rights of the roof then you can surely use the roof without any objection from the top floor owner. Speak to your top floor owner and try to settle it down amicably else consult and advocate and send him a legal notice to stop him from objecting you to use the rooftop. If he doesn't comply with such legal notice then you can take further action.
Thanks.

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