Terrace ownership

Baiju Edenz (Querist) 03 May 2021 This query is : Resolved
Sir , we own an independent two storeyed house. It's my father's property. We've rented the first floor to a family.
We've got a stairway which goes directly to the terrace ....from the ground floor to the first floor to the terrace.
Whom does our terrace belong to ? The owner ( us ) or the tenant ? Or is it common for both of us ?

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Advocate Bhartesh goyal (Expert) 03 May 2021
It depends on the terms and conditions of Lease deed/Rent note.if terrace has not been let out then tenant has no right to use terrace.

kavksatyanarayana (Expert) 03 May 2021
Yes. The entire property is your father's property. so the rights usually vested with your father. It depends on the conditions mutually agreed upon by your father and the tenant.

Dr J C Vashista (Expert) 04 May 2021
Legally it is landlord's property, however, the tenant can not be denied access to stair case and roof top, if specifically not barred..

Sankaranarayanan (Expert) 04 May 2021
Your question seems vague. what is the issues? is tenant giving restriction to access the terrace?

T. Kalaiselvan, Advocate (Expert) 04 May 2021
If the lease agreement authorised the tenant to use the terrace for drying cloths or any other petty purpose, there is no illegality in the tenant using the terrace.
The ownership of terrace is always with the owner and not with the tenant.

Asgher Mahdi (Expert) 04 May 2021
Stair case are the common area utilization whereas, the roof top enjoyment can be stopped by the owner to the tenant through agreement. Generally, the roof top is also let out to the tenant for common usage.

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