Balvinder Banga (Manager) 17 June 2012

Related to roof right

Dear All,

I am seeking some help. I am resident of Hari Nagar having a top floor with a roof right. My flat size is around 75 meter sq. My flat was partially constructed & half portion of flat was unconstructed.

Their is a passage to a roof, whose rights have been with me.

Passage to roof goes inside from my home. For the protection of my family. I have installed a door in between stairs case (common stair case entry to my home & roof) which is not objecting anyone's entry to their home.

I have already informed all other house holders , they can utilize roof to access their water tank for maintainance during a day time.

But they have been tresspassing & does a misbehave with my wife. They usually come at odd hours & They always want to remove a door from the stair case.

Can you put some light on this? What legal remedy should I use to retrict their entry & bring some displine.

Balvinder

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 June 2012

Dear Mr.Banga,

1. You can seek police help for tresspass/outraging the modesty of a woman/criminal assault and intimidation. If the police does not register the case - seek the hlep of a lawyer in putting up a 156(3) for orders of registration of FIR and investigation.

2. You can get a stay for civil injunction - whereby the court would ask them to refrain from impigning in your house and keep themselves confined to the pathway and courtesy that you've extended to them.

Good Luck !

Regards,

Adv. Bharat

(Delhi)