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Terrace rights on disputed property
18-Feb-2025 (In Property Law)
A house with ground floor, first floor and a barsati (approx 25% of whole ground area) in Sarvodaya Enclave is under dispute for ownership/partition. Ground Fl resident takes rent of barsati & claims-he has right over complete open terrace & has locked it. First floor owner are not able to use the terrace which is the part of the disputed property and not yet in name of anybody. Is there any Legal document showing that Barsati rent right does not give you the right over complete terrace.
You are advised to provide complete information and facts of the case before any appropriate remedy. The ownership rights come with a legal document, if the person is getting that right through any documentation, you are advised to verify the same.
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Adv. Mohit Rajput
Delhi | 100+ Answers
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Yes Delhi high court has ruled in many cases that barsati right is limited to the rented space and doesn't extend to whole terrace . You should file a suit for Permanent & Mandatory injunction in the civil court for removal of lock and to prevent the ground floor owners from restricting your access
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Adv. Vinay Redhu
Delhi | 200+ Answers
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If ground flow owner has the terrace rights in Jis documents as terrace owner then only he may claim rent but then you can file the complaint if that barsati flat is illegally constructed. When was the Barsati room constructed ?
We need more information
Thanks
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Adv. D. Khan
Delhi | 1000+ Answers
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