Criminal case when access to roof is restricted by one owner
Rahul
(Querist) 07 December 2018
This query is : Resolved
I am living in 4 floor building where i am the owner of one of the 4 floors. Owner of top floor has the roof rights mentioned in the sale deed and basis that he has put a lock on the entrance of top floor. As a result, other owners of the building are deprived of checking/cleaning their water tanks kept on the roof.
I have already complained to Police but police is not helping stating that this is a civil case?
Need help in this matter as to what can be done under which sections of various acts?
Thanks in Advance
SHIRISH PAWAR, 7738990900
(Expert) 07 December 2018
You can send legal notice to the top flat owner. Common spaces cannot be occupied by single person. Show your property documents and plan to good advocate and consult with him.
Kumar Doab
(Expert) 07 December 2018
All occupants of other floors that are affected may approach a very able LOCAL counsel specializing in civil matters and the counsel can guide and help for civil recourse.
Rahul
(Querist) 08 December 2018
Thanks for ur replies however i am looking for specific replies to my queries
Dr J C Vashista
(Expert) 08 December 2018
Roof-right is stated to have been purchased by the owner of 4th floor, it is will and desire of the titleholder/ owner.
How can you enter/ approach his/ her private property without his/her consent ?
There is no question of directing the owner to open/ allow access to roof.
Sudhir Kumar, Advocate
(Expert) 09 December 2018
Normally roof rights are with top floor owner unless barred in agreement.
You have mentioned nothing as to what is provided in agreement.
Still his roof rights are not absolute. He cannot deny access for maintenance of water tanks.
Police is wrong in saying that it is civil matter. It is a case of
(1) undue restain.
(2) deprivation of right to life by depriving you or the opportunity of clean water.
Rahul
(Querist) 09 December 2018
Thanks Dr. J C Vashista. I have also mentioned that there a clause mentioned in the sale deed that ''Vendor has restricted the right to do construction above third floor and vendee will allow other flat owners to go to roof for water tank cleaning''. Is this clause have any legality and can be legally enforceable to get the permanent injunction against the third floor flat owner for not doing any construction?
Thanks Mr. Sudhir Kumar. Sale deed heading says sale of ''Third floor with roof rights''
Do you still believe that any suit can be filed against third floor owner for not allowing access to roof for cleaning water tanks? If yes, then whether it will be criminal suit or civil suit?
Rahul
(Querist) 09 December 2018
Thanks Dr. J C Vashista. I have also mentioned that there a clause mentioned in the sale deed that ''Vendor has restricted the right to do construction above third floor and vendee will allow other flat owners to go to roof for water tank cleaning''. Is this clause have any legality and can be legally enforceable to get the permanent injunction against the third floor flat owner for not doing any construction?
Thanks Mr. Sudhir Kumar. Sale deed heading says sale of ''Third floor with roof rights''
Do you still believe that any suit can be filed against third floor owner for not allowing access to roof for cleaning water tanks? If yes, then whether it will be criminal suit or civil suit?
Sudhir Kumar, Advocate
(Expert) 10 December 2018
the deed itself provides for your right to move the top floor for tank maintenance.
Hemant Agarwal
(Expert) 26 December 2018
1. IRRESPECTIVE of any "roof rights agreement", NOBODY can be restricted from going to the Terrace, which is classified as "common open spaces", under the regional town planning act and the fire act and further "common open spaces" CANNOT be legally Sold or Purchased.
2. File proper complaint to the local civic body and the fire dept., and request for directions to concerned person to perpetually keep open the terrace, to all other residents. Hope the Terrace occupant, is not poisoning your water tanks.
Keep Smiling .... Hemant Agarwal
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