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Water tank capacity issue

I am an owner of 3rd floor. Other floor owners water tanks are kept on my roof top with a capacity of 500 ltrs. Recently a new family is shifted on 2nd floor and they have kept a 1000 ltr. Capacity water tank without my consent and agreement. When I retaliate they keep on saying that they will remove it now they are denying and showing agression. They have even threatend and asked me to forcibly remove my 1000 ltr tank then only they will keep 500 ltr water tank. I have informed them that I have the roof rights and if they want to keep a 1000 ltr tank they have to give maintainance but they are misbehaving. Kindly advice.

( North West Delhi, Delhi )

1 month ago

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A.
Dear Client,
The rooftops of the building are known as an open terrace and are a part of the common areas that are usable by all the floor owners of a multistoried building. Legally, a Builder cannot sell it, or a Society cannot permit any floor owner to use the terrace/rooftop for his own purposes in any multi-storeyed building, which is known as a common area usable by all the floor owners of the Building. Once the co-residents raise any objection, you have no other option but to compromise with the situation for the sake of peaceful co-existence; otherwise, litigation may worsen the situation further and drag the matter for years, making your place of living uninhabitable.
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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