Owner not allowing us to use terrace what legal action can we take ?

554 votes

Dear Concerned,

Citing law may not be possible here. But yes, the common spaces and entrances cannot be blocked. You can file a suit against the owner for restraining him or his heirs permanently from creating any hindrance in your using / accessing the common areas.

Advocate Avneesh Garg LawRato

630 votes

Causing nuisance is civil as well criminal crime. You may file a complaint at your nearest police station or you may file a general civil suit for mandatory injunction. Request you get in touch with lawyer. He/She may help you to do the procedure..

Advocate Vikas Nain LawRato

594 votes

Please clarify if you are a tenant or the owner of the independent floor. In both however there will be an agreement that you would have entered into with the builder. This agreement would be crucial to see what rights flow to you. In most cases, tenants or owners of individual units cannot be restricted from using common spaces & terraces. Thus, I would like to see the agreement first before advising you further in this regard. In any event, you have a good case against this builder because logically if not legally the builder cannot restrain you from using the terrace to check your water tank and carry out other activities. In such a scenario, you have two options which can be exercised simultaneously too i.e. filing a criminal complaint with the local police station and also a civil suit for declaration and mandatory injunction restraining this builder to not interfere in your usage of the terrace and other common areas. Do get back to me with the copy of the agreement so that I can guide you better. Regards

Advocate Shikhar Khare LawRato