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Teerace roof rights

(Querist) 26 February 2024 This query is : Resolved 
I have purchased a fourth floor from the previous owner through sale deed in a 4 floor building with different floor owners and it mentions that "whereas the above named vendor is the owner and possesion of entire fourth floor with terrace rights built in property X,New Delhi-110005,common stair and passage from ground floor to fourth floor,by virtue of sale deed regd. as document no.00 .
Now my question is that i wanted to construct a gate for restriction to roof to other flat owners and to construct a structure for putting on water tanks,as they are all lying on the roofs with pipes all over the roof which results in leakage of water and dampness in our floor.
They are not even letting us do roof maintenance and telling us to not move their water tank
And water from there water tank also overflows daily which makes our roof condition and our floor condtion more worse.
So what action can i take in this situation.
T. Kalaiselvan, Advocate (Expert) 27 February 2024
The dampening of roof due to water spillage and other issues can be taken up with the particular persons either orally or through legal channel.
You canot prevent others from using the common area.
If your property is getting damaged then you can take legal action to recover the damage


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