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Dispute of the terrace property on builder floor
16-Apr-2023 (In Property Law)
I purchased a builder floor and currently living on the upper ground floor in New Delhi . My water tank is on the terrace but unfortunately the top floor owner says he has purchased the terrace. He locks the terrace and everything on the terrace is in his control!! If I need access to the roof every time I need to literally request the top floor to allow me. He had made arrangements and I suspect he uses water from our water tank,emptying it everyday. What is the law? What can be done? I'm 60 years old and if there is any senior citizen helpline kindly guide me.
See a person having terrace rights or ownership have to give you way to you for approaching the terrace. All the water tanks are on terrace and for that he cannot stop you from entering it for repair work regarding the water tank. You cannot construct anything as he is the owner and also if he is constructing anything which is illegal you can make a police complaint /complaint with a magistrate as per the jurisdiction of your house location.
I can help you out if needed. You can also file a injunction case in an appropriate district court as per your location. You can also complain to the local RWA and also seek support from the neighborhood and can complain with MCD as a senior citizen.
I can help you out if needed. You can also file a injunction case in an appropriate district court as per your location. You can also complain to the local RWA and also seek support from the neighborhood and can complain with MCD as a senior citizen.
Helpful?
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Adv. Rishabh Jain
Delhi | 100+ Answers
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Dear Sir,
Might is right as u have heard and knowledge is power so both is ti mix and think might is power as well as Knowledge is right than only can stay peacefully. As u mentioned the facts which is of unauthorised colony but campus is big than this type of attitude is not being seen . At present builder is keeping all tanks at separate place so every one can reach there without any interference and under easement act very well can file a case but as u r senior citizen so better be peaceful and spent some time in social work in stead of this all rubies man activities.
Regards
Might is right as u have heard and knowledge is power so both is ti mix and think might is power as well as Knowledge is right than only can stay peacefully. As u mentioned the facts which is of unauthorised colony but campus is big than this type of attitude is not being seen . At present builder is keeping all tanks at separate place so every one can reach there without any interference and under easement act very well can file a case but as u r senior citizen so better be peaceful and spent some time in social work in stead of this all rubies man activities.
Regards
Helpful?
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Adv. JK Patel
Delhi | 100+ Answers
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Your main problem is accessible water tank facility as per my understanding.you can get this knowledge from your your sale agreement or sale deed or the top floor owner .There must be something written regarding the water tank assesbility.or write a complainant against him in near police station
Helpful?
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Adv. Puja Shrivastava
Delhi | 100+ Answers
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Respected Sir,
First we need to ascetain that wheather the roof rights are common or it has been sold to the person you have mentioned. In case roof rights are common then he can be restrained from locking the passage to roof. You have equal right to access roof since your water tank is already on the roof. In this case the other person either he sould give a duplicate keys or he shoulf provide you free access to roof.
First we need to ascetain that wheather the roof rights are common or it has been sold to the person you have mentioned. In case roof rights are common then he can be restrained from locking the passage to roof. You have equal right to access roof since your water tank is already on the roof. In this case the other person either he sould give a duplicate keys or he shoulf provide you free access to roof.
Helpful?
43+
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Adv. Varun Pratap Singh
Delhi | 25+ Answers
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