Roof right

KISHORE KUMAR JOSHI (Querist) 24 October 2014 This query is : Resolved
I am the owner of the building staying on the 4th floor and on the top is the roof which undet my lock & key. Can I restrict the tenants not to use the roof ?

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Shailesh Kr. Shah (Expert) 24 October 2014
yes, if your rent agreement provides such.

Devajyoti Barman (Expert) 25 October 2014
Refer to the respective sale deeds to to determine who has or has not the roof rights or it is for common purpose.

If the deeds are silent then roof rights has to be treated as belonging to all in common rights in which case you can not restrict movement of anybody.

Rajendra K Goyal (Expert) 25 October 2014
You are owner and can restrict provided any legal document (sale deed, rent agreement etc.) does not prohibit.

Rajendra K Goyal (Expert) 25 October 2014
Repeated query:

http://www.lawyersclubindia.com/experts/Roof-right-503781.asp

ajay sethi (Expert) 25 October 2014
roof forms part of common area . you cannot restrict access

malipeddi jaggarao (Expert) 25 October 2014
If you are owner of the entire building, you can restrict the tenants in the absence of any clause in the rental agreement giving acess to to roof.

T. Kalaiselvan, Advocate (Expert) 27 October 2014
You are a owner to only your property, it does not means that the roof is just over your property you will become owner of the common area, the other owners also have rights in the common area, thus until you have been given exclusive rights of the roof through your sale deed, you cannot restrict other users/owners from utilising the common area called roof.

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