Installation of hoardings on roof

MANOJ ACHARYA (Querist) 06 November 2015 This query is : Resolved
Sir,
I submitted a query 6 days ago and it is still awaiting for your valued observation. Should I submit more information? Please guide.

Manoj Acharya

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R.K Nanda (Expert) 09 November 2015
state full query.

MANOJ ACHARYA (Querist) 11 November 2015
Sir,
I owned a Flat in a residential-cum-commercial Apartment.
I wish to have your observations on the followings:
1. One of the Terms of Bainanama (Agreement of SALE) of the Flat says that the roof of the Building can be used for Mobile tower, Hoardings etc. by the Builder.
2. But the SALE DEED do not contain the same and the clauses are justified and acceptable.
3. The builder now denied our (owners of the flats) access to the front half portion of the roof where he intends to install Hoardings.
Now I want to know is the clause in the Bainanama (Agreement of SALE) is binding on us together with the clauses in SALE Deed? Whether he can deny our access to the roof? Please guide me.
With Regards,
Manoj Acharya