Roof access blockage by 3rd floor owner with rights
14-Oct-2023 (In Property Law)
I ve a 2nd floor out of 4 builder's floor in w.delhi. 3rd floor got roof rights written on papers with him. Now he is locking the roof door without giving anyone the separate keys and goes out for week or more. Every time we got to ask him to open the door to access the water tanks etc for which we got access written on our papers. And that too during days time... no late timings.. he even have cameras for monitoring... no problems with that as no one is stealing or is a terrorist living.... didn't accept registered post sent to him for the same which was signed by all floor owners...still be it unopened with me... he teared off the letters put up in visible places
What shall be the course of action... pls guide.
Can the roof be sold exclusively by the builder as it's a common place... and can we be harressed like this
I have perused the contents of your query and would advise you to issue a strongly worded legal notice to the concerned 3rd floor owner enunciating the fact that you have access rights to terrace for water tanks. For further consultancy and legal services you may contact us
As you have mentioned that you got the roof rights with the latest amendment. Even though water is an easementry right of an individual and no one can restrict that despite in private property. You should file a suit for an injunction for easementry right and access to the terrace before the District judge.
Please feel free to get in touch for any further assistance
Please feel free to get in touch for any further assistance
Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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