Overhead tanks overflow damaging terrance

Overflowing twice a month is no doubt not a very serious issue.

However you can issue a legal notice to the neighbour about it and ask him to take care of it that it is not repeated failing which you can take legal action.

Well analysed, opined and advised by learned expert Mr. T Kalaiselvan, which I endorse.

Even after receipt of notice the upper (2nd) flat owner do not respond positively file a suit for mandatory and permanent injunction with damages through a local prudent lawyer.

You can demand repair charges from 2nd floor owner when ever you do repair. 

Thanks Sir,

We have already done that, but he is stubborn, and he is deliberately doing that. He said I won't stop my water pump, do whatever you want. I have requested to construct a water tank shaft 2 feet from the terrace so safeguard the terrace from further damage. Any judgment or ruling regarding this?

The simple remedy is in providing a float valve.

He denied contributing to the expenses because the terrace is not a common place.

If you do not want to move to court you may explore possibility of involvement of neighbours and convience the owner of top floor.

What do you mean by terrace rights?  Is it a G+ 3 floor building with one flat only on each floor and that you have purchased the 3rd floor + terrace.  Is there a residents' association or society for the whole building? Are there separate overhead tanks and pumping system for each floor?

In such a building, terrace will be common area and no member can have exclusive rights over the terrace. But even then you have the right to complain if any tank overflows. You can go to court against the 2nd floor or any other member. But you have to pray for specific remedy that will be just for you and the 2nd floor member also.

Yes Sir, the Sale deed clearly says that, and at the time of purchasing, we duly checked that.  We purchased the 3rd floor with the terrace. No, there is no resident association/society. There are separate overhead tanks and a pumping system in the backyard of the ground floor. he replied to our notice that the terrace is not a common place, and since you own it, the onus of maintaining the terrace and the area where the tanks are kept falls on you. Which means we have the liberty to overflow the water but won't pay a single penny.

The sale deed categorically says "THAT THE STAIRS,JET PUMPS, OVERHEAD WATER TANK, PASSAGE AND OTHER COMMON SERVICES IN THE SAID PROPERTY SHALL REMAIN COMMON. THE VENDEE WILL HAVE FULL RIGHTS TO USE AND ENJOY THESE COMMON SERVICES AND SHALL ALSO SHARE THE PROPORTIONATATELY MAINTENANCE OF THE SAID COMMON SERVICES WITH THE OTHER OCCUPANTS OF THE BUILDING.

If the tanks are permitted to be installed in the terrace then the terrace cannot be a private property.

It would be a common place for all the owners to use them as a right because the water tanks are installed in the terrace.

The other owners have been given rights to use the common passage and stairs to acceess the terrace for the purpose of maintaining the over head water tank. 

If the neighbor is refusing to cooperate then you can file a suit for injunction to restrain from using the water tank without making adequate safety precautions to control the overflowing of water. The overflown water can damage the terrace, you may include this in your arguments in the suit.

You may not be able to get any remedy unless you approach the court of law for relief and remedy especially if the neighbor is arrogant and not cooperating.

In which State and in which city is your building? Did the building construction come under RERA regulations? Is there a separate pump and overhead tank system for each floor or each flat? I presume the following. Tell me if I am wrong.

There is building wth ground + 3 floors. There is one flat on each floor. Each flat(member) including you, has an overhead tank and pumping system. The overhead tanks are on the terrace or above the terrace. All members have right of passage and access up to the tank. It means that they have right of passage through the terrace also to approach their respective tank. 

Do you exclusive right over the entire terrace or an earmarked section only?

Unless there are separate tanks and separate pumping system your compalint cannot be about 2nd floor member only.

A common terrace to which all members have right to access cannot  be sold to one member only. It creates many ambiguities. The reply of the member is valid. It appears to me that the selling of the terrace to you is like sellng Howrah bridge or the Eiffel tower to a private party

Anyway your right or otherwise over the terrace has nothing to do with the validity of your complaint. Your problem is difficult to solve especially since you do not have an association.

If you go to court it is even possible that all the other members join together and pray to the court to undo the sale of the terrace to you.

I stay in South Delhi. Yes, we have an exclusive right to the entire terrace as per the sale deed.

Here is the catch, the owner of the 2nd floor has an extended balcony converted into a room, the Ground Floor owner had an illegal basement constructed, used for commercial purposes. If they go to court, they will get into trouble.

The 2nd floor owner is under the impression that we may construct a 4th floor, that is why he is creating these issues.

If the ground-floor member can construct a basement, you can construct a 4th floor, 5th floor or any number of floors. Only sky is the limit. All of you are doing something or other illegal. There is no Association to regulate things. The builder has sold you the Kutb Minar and bolted. It is utter anarchy. Your situation is beyond any legal advice.

Is there a civil Lawyer practicing in Saket Court here? Someone with prior experience in civil cases and good knowledge of Delhi building by-laws would be great.