Apartment law

Rajiv (Querist) 29 October 2012 This query is : Resolved
I purchase MIG Flat in Ghaziabad Uttar Pradesh in 2005 from Private Builder.

There are six amenities are living and water tank was installed on the roof.

in Registry on Top 2 Flat has right of roof witten in their registry paper. They are forcing other 4 to clear their space of roof and install your water tank in common area on the top of Staircase (Mumti) / Staircase roof.

What to do ?

Regards

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Sailesh Kumar Shah Online

(Expert) 29 October 2012
About 2 flat has right of roof, is also written in your sale deed and other 3 sale deeds?

Devajyoti Barman (Expert) 29 October 2012
Without consent of all falt owners no particular flat owner has any right to encroach upon the common area even for common facilities.
So if you wish to object the shifting of tank from its current place to some other space then file a suit for declaration and injunction in the civil court.

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