Roof right and common access to service area
Tejendra Singh Negi
(Querist) 04 January 2013
This query is : Resolved
I have construction rights/roof rights but there is a common area (passage) that leads to the Water Tanks placed on the roof. I have blocked the passage for privacy and security and time and again do allow FF/GF people to access roof so that they may check their tanks. They are asking for free access which i cant because roof is an easy access to break into my house and I have also my stuff in the store room that's constructed there. I want to ask 1) if I still have right to lock my roof and store room however; it will eventually block access to water tank? 2) if we can create direct access to overhead tanks via common passage, then can I lock my roof and store room as I have purchased it from the seller?
Thanks for advising.
Tejendra
ajay sethi
(Expert) 04 January 2013
the other flat owners are entitled to free access . . you cant block access to water tanks as it forms part of commopn area. the store rom if constructed on common passage is illegal
Raj Kumar Makkad
(Expert) 04 January 2013
You cannot obstruct the legal right of other residents to look after their over head tanks and moreover the common passage cannot be blocked by any one. The roof rights are not absolute with you nor can those be.
Tejendra Singh Negi
(Querist) 07 January 2013
Hi Sir,
Thanks to both for answering. If common access to overhead water tanks is in NOT blocked; then, do I have rights on the roof area minus the common area? Its mentioned in my registry that I can construct on it if gov allows?
Thanks again
Tejendra
ajay sethi
(Expert) 07 January 2013
you have no rights over roof . it is common area . builder cannot give you any such right
Raj Kumar Makkad
(Expert) 07 January 2013
Sale of common area is illegal. If the sanctioned plan do not permit further construction over roof and you are its due owner by way of sale then you cannot be disturbed from that right.
