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Shekhar (MD)     03 January 2014

Terrace rights

Hi,

I have a flat on the top floor of a building in Patel Nagar area of Delhi. Some 12 years back when I purchased this flat from the builder there were two common tanks that were supplying water to the whole building. There are three other families besides me also living in the same building.

Now the ground floor owner and the first floor owner are using these two tanks, I installed my separate tank only for my usage on terrace; The third floor owner had his tank afixed on his floor for all these years but recently he forcefully installed a separate tank on my terrace(I bear the exclusive rights for terrace).

Now day by day by some way or another he is trying to encroach upon my property by some little way or another. Is there some way to get his tank removed from my terrace since initially during the construction of the building there was a provision for only two tanks on the terrace(with the capacity of 1000 ltrs each). With the burden of third floor owners another 1000 ltr tank on the terrace there are chances of further damage to the whole construction as it is not very well built.

Please help!!!

regards.

Shekhar R.



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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     04 January 2014

The terrace is an area that all apartment owners are entitled to enjoy and benefit from. Your terrace rights allow you to use the terrace area and also safeguards against unauthorised construction and misuse. When you buy a home, it is important you enforce your rights and ask for these to be stated clearly on paper.

jayakumar.R (ADVOCATE & LEGAL CONSULTANT)     04 January 2014

 

         Discuss this matter @ your Association meeting 

T. Kalaiselvan, Advocate (Advocate)     04 January 2014

Have you raised this issue in the GB meeting or in an EC meeting of the association, what was the decision taken on the subject, if you feel that your rights are deprived, you may seek legal course of action as per provisions of law.


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