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Trying to construct a roof on top floor of my society

Querist : Anonymous (Querist) 05 March 2021 This query is : Resolved 
We are trying to construct the top roof in our flat and the top is open to taris, but the society secretary is stopping us from doing so citing many unfounded reasons but we want to do this legally.The roof is completely open you can see sky and its on top floor building is not old it can take more than enough load.

Please suggest what action to take so that no one is troubled by it.
SHIRISH PAWAR, 7738990900 (Expert) 05 March 2021

You cannot construct roof without the written permission of society. However, if the terrace is part of your flat that case you can install a temporary shed.
Advocate Bhartesh goyal (Expert) 05 March 2021
If ownership of roof vests to you, then you can make consructions on it else not.
Querist : Anonymous (Querist) 05 March 2021
yes the roof is a part of our flat and it causes heavy water leakage in rainy season, we asked for permission and it was given but now the society is opposing it citing the building is weak(we have a mobile tower on our building too. its not that weak).
Advocate Bhartesh goyal (Expert) 06 March 2021
You have right to make constructions On roof.Society has no right to create obstructions.
Querist : Anonymous (Querist) 06 March 2021
thank you for advice.
Dr J C Vashista (Expert) 08 March 2021
Roof is part of "common area" in a society which can not be constructed by the member on the top of premises.
Querist : Anonymous (Querist) 08 March 2021
apologies for not clearing this out but the roof is a part of our flat. Its on 5th floor and we don't have roof on our flat its completely open, if you walk onto the taris of building you can see inside our flat, top taris of building is accessible we just want to secure it so no one can see or enter our flat from building's taris.
Sudhir Kumar, Advocate (Expert) 07 May 2021
Have you got municipal sanction of the proposed constgruction?

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