Zaheer khan 28 November 2015

Terrace flat owned in 2flr building

Sir I own a terrace flat for last 16 yrs which was purchased directly by the builder no society has yet formed the building comes under tmc rules but the building is gram panchayat types we also owned 1000sqft terrace area in front of our house by the builder .Now the prob is that we have 2 common water tanks of which one is on the roof or u can say terrace of my terrace flat so in this case I I own the flat and 1000sqft area ahead of my flat and the way to go to water tank is from my owned 1000sqft area so in this case who will be the owner of the open space above my terrace flat that has a water tank? Plus if I have a letter from builder that the above space over the terrace flat will be used by me give me the rights of the open space above my terrace flat. Waiting for a quick response from your end

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4 Replies

(Guest)

Access to water tanks etc cant be stopped by any one . Moreover Delhi and Mumbai high courts have ruled that terraces are common property. Terrace unless attached to flat cant be sold. Roof top of all multi storey buildings are kept open for all to access tanks and services.

Zaheer khan 29 November 2015

Sir,

I need to know that who is the owner of rest of the space excluding water tank and the passage to water tank .

Since the terrace flat and 1000sqft ahead of my door is owned by me .The only way to go to my terrace flat rooftop is through my 1000sqft area owned by me.Is it possible that I spare the passage to water tank and the water tank itself and take the rest of the space on my terrace flat roof top under my possession.

(Guest)

Please provide access to water tanks and then you will avoid conflict with any one and can occupy your area peacefully. Otherwise rooftop terrace of a building cant be sold to any one. A terrace attached to flat can be sold. Like a terrace instead of balcony opening through any of your flat doors. But you cant be owner of any common area like stairs landings, lobby, vestibules or roof top of any multi storey building.