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Leakage ans sepage from top floor and access to tarrace
08-Feb-2025 (In Civil Law)
I am in 2nd floor of a DDA flat in vasant kunj. My top floor owner (3rd floor) is not repairing the leackages from her floor, and i have to do the repairs every 6 months spending Rs 6000 ~ 8000. I have requested her for the same for last 4 years but she is not listening to the same. Also she has locked the tarrace and doesn,t give the keys for maintinance of water tanks. She goes on holiday etc without giving the tarrace keys. Please suggest way out
This is clear case of hindrance in your peaceful possession. You can sue the neighbour for damages and seek directions from court against her to repair the floor. If you have right to access the roof, she can’t deny the same. For further query feel free to contact.
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Adv. Bhawana Pandey
Delhi | 900+ Answers
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You can file a civil suit for mandatory injunction against the errant neighbour as her actions are not just putting your property at loss but might pose danger to the structure as a whole and a resultant danger to the lives of inhabitants of the flats in the long term. Further as per the information provided by you it can be assumed that the terrace is a common one legally and hence you have an easement right and no builder /seller/ developer has any right to transfer the terrace to any single buyer as it is the common easement of all the residents and hence you can in the same suit pray for relief wrt the same.
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Adv. Vikas Sharma
Delhi | 200+ Answers
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I would like to suggest that you send legal notice first to the woman living on the 3rd floor, if she ignored the legal notice and continued her negligent behaviour then there are options legally to go for justice.
Please connect through a call or message for your the details.
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Adv. Divya Kiran
Patna | 50+ Answers
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As the leakage originates from the third-floor owner’s flat, she is legally responsible for its repair. Since repeated requests have been ignored, you can issue a legal notice and seek action from the Resident Welfare Association (RWA) or DDA. If she continues to neglect repairs, you can file a complaint with the civil court for damages and an injunction to compel repairs. Additionally, locking the terrace and denying access to water tanks violates fire safety and maintenance regulations. You can report this to the DDA, RWAs, or local municipal authorities, as common areas cannot be restricted. If required, legal action can be initiated to ensure access and prevent further inconvenience. Let me know if you need ant help in proceeding any further.
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Adv. Tejas Mehta
Delhi | 25+ Answers
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Dear
In your case, The party on the third floor is doing civil wrong and therefore liable to provide compensation for your loss under the law of torts. So it is advised to you to give a complaint against the party on the third floor to the concerned authorities.
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Adv. Mohit Rajput
Delhi | 100+ Answers
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