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Gyan Saxena   30 April 2025

Water withdrawing from water tank

I have 2nd floor in ground + 4 flat building, and my plastic water tank has been put on cemented water tank deliberately (used by 3rd & top floor, both brothers) not on the roof, water from my water tank has been withdrawn time to time and I get no water at several times, after complaining to top flat, get reply that it has been done by connected house owner.
I have no roof right in sale deed, Is there any law/THE INDIAN EASEMENTS ACT, 1882 which give me right to put my water tank on ground of roof so water could not be withdrawn easily to cemented tank. If yes, please share your contact if having citation. 
Regards.



 7 Replies

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

If you know who steals water from your water tankl, you talk to him or issue a legal notioce, failing to listen or refrain from doing so, you can take legal action against him by lodging a complaint with the police or local civic body or file a suit for injunction against him.

R.K Nanda (Advocate)     30 April 2025

File complaint in Municipal authority of your zone against suspected water thief. 

Gyan Saxena   30 April 2025

@ T. Kalaiselvan, Advocate @ R.K Nanda, 

Sir, first of all thanks for giving your precious time, to my post,  I can't say anything wrong to the owners having roof right even after knowing water has been taken by them not by neighbours, before starting legal course through Civic body, police or court, first I want to ensure whether I have a right to have a water tank on roof or not when no roof right has been given through sale deed. Seller (lady) had full ownership of building later sold lower 3 floors and 4th & 5th floors are holding by her next generation with roof right. Rgds

T. Kalaiselvan, Advocate (Advocate)     30 April 2025

In a apartment complex like this, even though the land owner has terrace rights she cannot refuse to install overhead water tank on the terrace because it comes under basic amenities.

As a matter of fact the terrace is supposed to be a common area insofar as installation of overhead water tank to the other floor owners.

 

Dr. MPS RAMANI Ph.D.[Tech.] (Scientist/Engineer)     04 May 2025

Is it a building with one flat on each floor?    What do you mean by roof?  Is it terrace? I presume that the water tanks are on the terrace. Is there a separate tank for each flat?  In a building with apartments the terrace will be common area. It cannot be owned or sold to a particular member. If you have a separate water tank there will be exclusive connection to your flat only. Others will not be able to draw water from your tank. If there is a common water tank with connection to several flats, each will withdraw water according to his requirement and if the supply is not sufficient the tank will become empty. It is not possible to put blame on one person. If you have a common tank and common vertical pipeline, you on the lower floor will be at an advantage over the upper floor members. If the upper floor member is drawing water and you open your tap at the same time, the water supply to the upper floor will get reduced. What is the size of the vertical line, is it 1/2", 3/4" or more? Generally each tap will have a 1/2" connection. If the entire vertical line is 1/2", water supply to the 4th floor will stop if you open the line.

                

Gyan Saxena   05 May 2025

Thanks to all learned persons for sharing your precious time & energy, my problem has been solved & my seperate water tank has not only been shifted on floor of terrace but connection of water pipe line has also been completed, it was actually not due to cooperation, actually there was illegal construction too on terrace, any advancement in issue could damage illegal construction which paying that person. Thanks again.

P. Venu (Advocate)     06 May 2025

To my understanding, you are entitled to keep your storage tank in the terrace even if you have no terrace rights.


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