Anonymous
31 January 2011 at 15:18
Hi Experts,
Your valuable advice is sought on the matter detailed below:
A Top floor Flat build by a developer/ builder is purchased by a person ALONG WITH its Roof Right in 2002. Other floors of the building had already been purchased by different persons before the sale of Top Floor Flat by the Building Owner.
Water Tanks of all the Flats of the building are placed at the roof top of the Top Floor owner. The Registered Deeds of all other Flat Owners contain the provision that they would be free to have access to the roof for the purpose of maintenance of their water tanks. BUT no staircase exists o go to the roof top and there is no other way to go to the roof top except through the sitting room of the Top Floor Owner by placing a ladder.
But on the purchase of the top floor by the person no fresh agreement was entered in to by any of the lower Flat Owners for making any access to the roof top. Privacy of the Top Floor Owner is frequently violated not only by other Flat Owners, but also by plumbers hired by them from time to time.
Due to unrestricted overflow of water from water tanks of other Flat Owners on account of excessive boosting by their booster pumps, the ceiling of two rooms of the Top Floor started leaking and dripping of seeped water from place to place causing much damage to the furniture and accessories, etc. When asked to share the cost of repair of the roof, every other Flat Owner declined to share any expenses. Not only the roof had to be repaired extensively, waterproofed, and paved, but also expenditure had to be incurred for removal and reinstallation of their water tanks, including bearing of the cost of other accessories used in reinstallation. But none bothered to share even a single paisa for all that. But when the Ground Floor Owner reconstructed the platform in front of the entrance of the building and another platform at the backside of the building, which only for the use of the Ground Floor Owner, made the Top Floor Owner to share the expenditure with him.
Again when some water supply pipeline was considered to have been damaged, he wanted the top floor owner to share the cost even for reconstruction of the platform of the backside of the building, which is solely used by the Ground Floor Owner. When reminded that nobody shared any expenditure with me for the repair of the roof top damaged extensively by the constant water overflow from the water, his pat reply was that the liability rested with the person having the Roof Right. On reminding that they and their plumbers also approach to roof top, his pat reply was he had the right to go to the roof top since his water tank is placed there.
So, my QUERIES to the Experts are:
(1) Whether, the other Flat Owners are not obliged to enter in to a fresh agreement with the top floor owner, as the roof right rests with him only, and the original building owner and developer has already sold he roof rights to the Top Floor Owner? If so under which section of which Act of law?
(2) Whether the Other Floor Owners have the right to go to the roof top through the private property of the Top Floor Owner? If so, under which section of which Act of law?
(3) Whether, the Top Floor Owner is obliged to provide access to the roof top to the other floor owners even through his private property? If so, under which section of which Act of law?
(4) Whether the Owner with roof rights can charge any rent or license fee from the other floor owners for the space being used by them for placing and maintenance of their water tanks at the roof top? If so, under which section of which Act of law?
Experts may kindly like to lend their valuable advice to sort out the aforesaid matter.
With best regards
Sandeep Chadha
31 January 2011 at 13:46
We have different sizes of flats in our building situated in Uttar Pradesh and the rates are calculated on per square area basis.
This means that the larger flats have to pay more for maintenance.
Sice the RWA is providing equal services to all flats they should charge equal maintenace from all flat owners irrespective of the size.
Please suggest legal position.
Sandeep Chadha
31 January 2011 at 13:44
We have different sizes of flats in our building and the rates are calculated on per square area basis.
This means that the larger flats have to pay more for maintenance.
Sice the RWA is providing equal services to all flats they should charge equal maintenace from all flat owners irrespective of the size.
Please suggest legal position.
Sanjeevappa. L
31 January 2011 at 13:39
facts of case : the plaintiff is a faster son of his senior uncel, who had no male issues but a daughter. The said senior uncle given few properties to the plaintiff and revenue records mutated on his statement. The daughter raised dispute after 20 years of said mutation and acquiring possession. Whether the plaintiff has acquired valid title under the mutation gift (oral) ?
Whether the plaintiff entitled for declaration ?
bhupendra
31 January 2011 at 13:34
Pls Provide the Latest case law relating to above section
that the THE APPEAL & Revision are tenable u bombay public trust act sec 70/ 70 (a)
Thanks
Adv Chavan
Anonymous
31 January 2011 at 12:23
what is civil remedies for defamation
how we can file suit for defemation under which act?
LSamuel
31 January 2011 at 12:03
Dear Advisor,
Kindly advise on the following issue.
I availed the Resume Development Services of Naukri. com on Nov. 18, 2010. In which they claim that they will get our CV/Bio data written by professionals and provide us first draft withing 7 days from availing services. I had paid in advance Rs. 1800/- through online payment gateway.
Even after more that 60 days of it, they have not reverted back to any of my grievance mails, let alone modified CV.
Kindly suggest how to get my money back as I am not interested in availing their services now and want them to learn lesson for breaking contract terms.
regards,
Anonymous
31 January 2011 at 11:17
1.CAN YOU PLEASE EXPLAIN ME THE DIFFERENCE BETWEEN DEED AND AGREEMENT/CONTRACT?
2. WHAT IS INDEMNITY BOND AND UNDER WHAT CIRCUMSTANCES WE PREPARE INDEMNITY BOND?
3. WHAT IS MEMORANDUM OF UNDERSTANDING AND WHEN WE PREPARE MOU?
Anonymous
31 January 2011 at 11:07
Z, staying in a rented house.Y,the owner of the house failed to pay the loan amount.Z,with out knowing to Y,and with out his consent paid and cleared the dues of Y.Is Y,liable to pay the amount to Z.Please explain me as per the contract act,1872 with details.
varinder
30 January 2011 at 23:06
i have got saving account and the pension is crediting into the said saving account can the execution court can attached the said account in which the pension is credited into saving account under which provision
Roof Right of a Flat Owner vs. right of access of other Flat Owners
Hi Experts,
Your valuable advice is sought on the matter detailed below:
A Top floor Flat build by a developer/ builder is purchased by a person ALONG WITH its Roof Right in 2002. Other floors of the building had already been purchased by different persons before the sale of Top Floor Flat by the Building Owner.
Water Tanks of all the Flats of the building are placed at the roof top of the Top Floor owner. The Registered Deeds of all other Flat Owners contain the provision that they would be free to have access to the roof for the purpose of maintenance of their water tanks. BUT no staircase exists o go to the roof top and there is no other way to go to the roof top except through the sitting room of the Top Floor Owner by placing a ladder.
But on the purchase of the top floor by the person no fresh agreement was entered in to by any of the lower Flat Owners for making any access to the roof top. Privacy of the Top Floor Owner is frequently violated not only by other Flat Owners, but also by plumbers hired by them from time to time.
Due to unrestricted overflow of water from water tanks of other Flat Owners on account of excessive boosting by their booster pumps, the ceiling of two rooms of the Top Floor started leaking and dripping of seeped water from place to place causing much damage to the furniture and accessories, etc. When asked to share the cost of repair of the roof, every other Flat Owner declined to share any expenses. Not only the roof had to be repaired extensively, waterproofed, and paved, but also expenditure had to be incurred for removal and reinstallation of their water tanks, including bearing of the cost of other accessories used in reinstallation. But none bothered to share even a single paisa for all that. But when the Ground Floor Owner reconstructed the platform in front of the entrance of the building and another platform at the backside of the building, which only for the use of the Ground Floor Owner, made the Top Floor Owner to share the expenditure with him.
Again when some water supply pipeline was considered to have been damaged, he wanted the top floor owner to share the cost even for reconstruction of the platform of the backside of the building, which is solely used by the Ground Floor Owner. When reminded that nobody shared any expenditure with me for the repair of the roof top damaged extensively by the constant water overflow from the water, his pat reply was that the liability rested with the person having the Roof Right. On reminding that they and their plumbers also approach to roof top, his pat reply was he had the right to go to the roof top since his water tank is placed there.
So, my QUERIES to the Experts are:
(1) Whether, the other Flat Owners are not obliged to enter in to a fresh agreement with the top floor owner, as the roof right rests with him only, and the original building owner and developer has already sold he roof rights to the Top Floor Owner? If so under which section of which Act of law?
(2) Whether the Other Floor Owners have the right to go to the roof top through the private property of the Top Floor Owner? If so, under which section of which Act of law?
(3) Whether, the Top Floor Owner is obliged to provide access to the roof top to the other floor owners even through his private property? If so, under which section of which Act of law?
(4) Whether the Owner with roof rights can charge any rent or license fee from the other floor owners for the space being used by them for placing and maintenance of their water tanks at the roof top? If so, under which section of which Act of law?
Experts may kindly like to lend their valuable advice to sort out the aforesaid matter.
With best regards