Rights in case of builders floor
rkj10
(Querist) 20 August 2011
This query is : Resolved
I am the owner of top floor of builders floor developed in vivek vihar area.As per registry my ownership rights are alongwith the roof rights with a condition that owners of Ist,IInd and IIIrd Floor have a right to go to roof only for water tank and TV Anteena.I always use to lock to door of roof and whenever owners of other floors asks for key I use to give.
Now they took a IGL Connection for which pipe line has to go through roof.They without consulting me got it done.My queries are:
1.Whether I have a right to lock the door in confirmity with legal laws.
2.As per them Boundry(munder) of the roof is common which I do not understand because Roof is always surrounded by boundry.Please clarify.
3.I have heard that as per latest decision of the court owner of the top floor can even dismentle the waters tanks of other owners.Please clarify.
4.Also would like to know the rights of the owners of the builders floor
ajay sethi
(Expert) 20 August 2011
whether cooperative society has been formed? what are the clauses in your agreement ?
Koumarish Bhattacharya
(Expert) 20 August 2011
A thorough perusal of the Agreement and other ownership papers is required.
Koumarish Bhattacharya
(Expert) 20 August 2011
In respect of your point no. 3, I would humbly ask you to provide us Lawyers with the citation of the Court. If you can not do so, I advise you to understand that the Courts are there to administer Justice and not for pronouncing lunatic whim. In any case, your idea about the Court's decision is completely meaningless and unjust.
sanjeev kumar goel
(Expert) 21 August 2011
dear rkj.. generally builders make fool people bysaying that we r giving roof rights to u as u can do any construction on roof and other residents have their full right on roof also as when they have purchased the builder flat then the builder has also made an agreement with then that their water tanks n tv anteennas etc will be put on roof of the building and simultaneously the builder also make money from such type of persons like u by selling roof rights but always remember that u cannot remove others water tanks n anteenas etc from roof top. even as per municipal n other laws u get the permission to construct on roof then again u have to put water tanks n other things on your roof. but before giving you final advise it is suggested to you to check your agreement carefully and provide a copy of that so that we can go through it and advise u properly.
