Property issue

Guest (Querist) 27 November 2011 This query is : Resolved
Hello Experts,

Need your help in particular scenario.

40 years old Building (two storied, two flats on each floor) is owned by 3 brothers and all living in the same building. Brother living on the first floor owns two flats in the building. one on first floor and another on second floor.

Now brother living on the first floor is planning to put 1000 Litre tank on the terrace. Concern here is the same tank is being planned on the top of other brother's flat. This water tank would create pressure on flat and may damage the structure of the building.

What could be done to stop him from putting water tank on another brothers flat ? The first floor brother is not ready to put water tank on her own slab area.

Expert please suggest.

Thank you.

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Devajyoti Barman (Expert) 27 November 2011
Most of the multi-storied buildings have over head tank on the terrace only and it has never been herd that the underneath flat is damaged due to the placing of the tank.
Though you can temporarily restrain the brother to put such tank on your terrace if he goes to court the victory would ultimately be his specially if he has no other alternative to put such tank in over head..

Raj Kumar Makkad (Expert) 27 November 2011
I do agree with Barman.

Rajeev Kumar (Expert) 27 November 2011
I too agree

prabhakar singh (Expert) 27 November 2011
No reason found to differ.

M/s. Y-not legal services (Expert) 27 November 2011
am also agree with mr.barman

M V Gupta (Expert) 28 November 2011
In a building of the type described by the querist, the terrace i.e., the top most ceiling is ragrded as a common area. As such all the owners of the falts have right of access and enjoyment. The overhead tank to serve one of the flats should be constructed on independant concrete pillars as is done on the Societies buildings so that there is no direct pressure on the ceiling of the top most flat.Problem should be solved thus without going to the Court.

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