Is having a overhead water tank in a residential flat legal

Aman jhaveri (Querist) 18 August 2016 This query is : Resolved
I stay in mumbai in a flat. I have a overhead water tank in my flat. The society now wants it to b removed stating it is unlawful. SGM passed the agenda of fining Rs 10000 per month to members who have overhead tanks. Me n my husband r working professionals. Any help?

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Sudhir Kumar, Advocate (Expert) 18 August 2016
site inspection will be needed.

society Constitution needs to be studies.

Rajendra K Goyal (Expert) 18 August 2016
Discuss with local lawyer, show all documents and try for a stay on society motion.

Kumar Doab (Expert) 18 August 2016
Local counsel can guide you further.

Hemant Agarwal (Expert) 19 August 2016
1. IF the Flat is owned by you, THEN the Flat-Owner is entitled to install a overhead loft tank, BUT only AFTER taking due permission of the BMC or local civic body. The authority to impose fines /penalty for "unauthorized overhead loft tank" is vested only with the BMC or local civic body.

2. The Society is not a legal entity who has been vested with powers to impose fines /penalty for "unauthorized overhead loft tank". Such legally non-tenable Notices and/or General Body Resolutions of such nefarious Societies can be legally and safely flushed down the sewage drain.

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

cherukuri prasad (Expert) 22 August 2016
It may not be legal. Check the permission copy of your municipal corporation.

Guest (Expert) 22 August 2016
Who installed the overhead tank, society or you?

Hemant Agarwal (Expert) 25 August 2016
1. The queriest (Aman Jhaveri) stated :
==== quote
I have a overhead water tank in my flat.
==== unquote
Note his words "I" & "MY".

2. It would be legally surprising, in a democratic system, to perceive as to "How the Society can install a overhead water tank in a members private flat"

Keep Smiling .... Hemant Agarwal
VISIT: http://www.maharashtra-society-help-forum.com

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