Ground floor having terrace right do i need permission to visit roof

565 votes

Dear Sir,

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 ground floor. In fact, you should have been given a key to the terrace alongwith keys to the flat. If your movement to the terrace is being hindered, then you must fight for your right.

Thanks & Regards

Advocate Dheeraj Gupta LawRato

630 votes

As you have already told that the ground floor owner has terrace right so advise you before access to the court you should discuss with your advocate the agreement by which he has terrace right only after that you may be capable for making a decision here I am talking about right to life under article 21 of the Constitution of India but it maybe very much good step to have a meeting with your advocate first

Advocate Siddharth Dev LawRato

591 votes

The terrace rights would have been granted to you as per maintainence agreement or any other agreement like GPA /possession letters etc.You can file a suit against the owner seeking specific performance of the agreement and You can also seek damages simultaneously.Thanks

Advocate Nishant Solanki LawRato

688 votes

It is to be seen as to what provisions have been made in your sale deed or property documents with regard to rights and use of terrace. Why a particular floor owner has put lock? You may have to have another key.

Advocate S P Srivastava LawRato

501 votes

Preliminary Opinion on the limited facts as provided by you: If you have a water tank or generator on the terrace then to access it you don't need permission every time and can ask "the ground floor owner with whom vests the right of the terrace to supply you access via key to that limited area which concerns you so that if any problem regarding water or electricity comes up at an odd hour you will be able to solve the problem without bothering the ground floor owner". Therefore, since you have the limited rights in the terrace as the rightful owner as mentioned by you is the ground floor owner and you have the accessibility rights only. Now to give any further opinion i need to go through certain papers. For now, you have to ask for co-ordination by the ground floor owner with the above mentioned suggestion if applicable in your situation.

Now i would kindly request you to provide certain details for giving you a comprehensive opinion on the subject matter:
1. If your building is a builder made or a owner acquired property!
2. I would require to see the Mother Agreement by which the initial rights in the building were defined.
3. Would require to see the Agreement by which the rights to terrace was bestowed to the ground floor owner.
4. Your agreement of buying the property in which your rights of accessibility is mentioned.

Advocate Ramaditya Tiwari LawRato