Owner of top floor not allowing us to put water tank of 2000 ltr.

677 votes

There is no law that prohibits the installation of a 2,000-liter water tank on the roof of your building. However, if any occupant obstructs you from proceeding with the installation, we may initiate an injunction suit against them, as access to water is an essential necessity for sustaining life. For any further guidance, please feel free to contact me

Advocate Harsh Pal LawRato

537 votes

At first you have to check all the sale whether it is mention or not specifically about the installation of the Tank if there is not mention there then you have to you have to issue legal notice through the council and also check the local laws of MCD and thereafter if they still refrain you then file a complaint against her person who restraining you to do and also file a complaint in a MCD

Advocate Aniket Singh LawRato

643 votes

When a buyer purchases a floor in an apartment, they automatically acquire the right to use essential common areas, including the terrace, for basic utilities such as installation of a water tank. Since the sale deed does not contain any clause restricting the size or capacity of the water tank, the seller cannot introduce a new condition after the sale is completed. Any regulation on the use of the terrace must come from a registered Apartment Owners Association or building by-laws, not from the seller’s personal preference. In the absence of such governing documents, the buyer is entitled to install a 2,000-litre tank as long as it does not pose any structural risk. If the seller is obstructing the installation without any legal basis, the buyer may first issue a formal legal notice calling upon the seller to cease interference and allow installation of the tank. The buyer may also approach the local police if the seller physically prevents installation, as such conduct amounts to unlawful obstruction and interference with peaceful enjoyment of the property. These steps often resolve the issue without further litigation, particularly when the seller realizes that they have no contractual or statutory ground to impose such restrictions. If the obstruction continues, the buyer has the option to pursue legal remedies such as filing a complaint before the District Consumer Commission for unfair trade practice or deficiency in service (if the seller is a builder), or instituting a civil suit for permanent injunction seeking a court order restraining the seller from interfering with installation of the 2,000-litre tank. The buyer may also approach the apartment association, if one exists, to formalize a resolution allowing the tank. Courts generally permit such installations when there is no contractual restriction and the tank does not compromise the structural safety of the building.

Advocate Aditya Kumar LawRato

583 votes

We can understand your grief. In order to identify the legal statutes involved, the location and sale deed has to be examined once. If there is no legal contravention, and there is resistance from co occupants of the building to install water tank on common area, legal steps can be taken Thank You

Advocate Anuj Goel LawRato

679 votes

You are legally entitled to install a water tank on the terrace for essential use, as long as it does not affect the structural safety of the building or violate any municipal building rules. Since your sale deed does not restrict tank capacity and there is no registered society or legally notified agreement limiting tank size, the neighbour on the top floor cannot unilaterally stop you. Municipal rules generally focus on building safety, drainage, and load-bearing capacity—not on exact tank size unless the building is part of an approved apartment association with formal bylaws. A capacity of 2000 litres for an individual household is quite normal and widely accepted, especially in independent floors. At this stage, you may take the following approach: 1. Send a written request by message or email informing him that the tank is for essential daily needs and that there is no rule restricting you to 1000 litres. 2. If he still objects, send a legal notice stating that: • He cannot prevent you from using common areas meant for essential utilities. • There is no legal restriction applicable in your case. • Obstructing essential utility installation amounts to harassment and interference with property rights. 3. If the dispute continues, you may approach: • The local municipal authority to confirm permitted capacity. • The police under a complaint of obstruction of basic amenities and illegal interference in peaceful possession. • The civil court for injunction, if needed. 4. If the terrace is exclusively owned by the top floor as per registered document (rare but possible), then the solution would be negotiation or creating a written sharing agreement. But from your query, the terrace appears to be a common utility area, meaning no one can deny access. Most such disputes resolve once you send a formal legal notice, because people usually rely on verbal assumptions rather than actual law. If you want, I can help draft the notice or speak to the other party in a formal manner to settle the matter amicably before escalating.

Advocate Yuganshu Sharma LawRato