Dear Sirs,
Please note that our ancestral property (a 3 storied building in Kolkata) has been legally demarcated and partioned through court within 3 owners.
And eventually property tax has been apportioned in accordance with local (KMC) municipal rules foe each owner. I am owner of the entire Ground Floor of he premises.
The decreed partition deed has clear mention regarding the common areas with colour "Yellow" in the demarcation sheet. The common areas of the premises are OPEN SIDE PASSAGES, STAIRS FROM BOTTOM TO TOP, AND THE ROOF. It has also mentioned in the set of clauses that the - Roof can be used by any one or more of the owners for any service related purpose such as, incase of services related to Overhead Water Tank.
For Safety and Security purposes the Stair leading to the Roof from ground floor has Collapsible Gates at every upper floors i.e. on the landing of 1st Floor and on the landing of 2nd Floor , prior to partition. So in order to reach at the common roof from the Ground Floor one has to cross the Collapsible Gates of 1st and 2nd floor. The Collapsible Gates are controlled by the respective Floor owners and kept under lock and key by them as per their use.
There is a mention in the partition decree that "On request from any owner the access to the roof should be allowed for service related purposes."
Now, comes the greivance part and a brief summary.
I have solved an age-old conflict on future devolvment of the premises between my father and my two uncles/aunt by finally spending my own time, energy and money by amicable settlement through court. It took almost 8 years (2002-2010) through an advocate nominated by younger uncle (relative) and paying fees Rs.1,10,000/- (approx.) after rejection of several advocates, commonly put up by all.
My father agreed upon to come downstairs from 1st floor to ground floor and I reconstructed the Ground Floor that was declared inhabitable by the petioner (younger uncle) years back, while he filed the partion suit.
I am single son of my father (bachelor) have meagre income. I have three sisters they are now married (we virtually payed through our noses) and settled in their positions. I had a very tough time from my childhood learning days. My father was a mere clerk at a Govt Office. My both parents were very gentle, soft spoken natured and less tactful and that is the reason my younger uncle/aunt took advantages and dominated us decade long, when we brothers and sisters were in school.
Today, I am an Unsuccessful guy, trying hard to cope up the medicinal need and treatment of my ailing parents. Father 80 years, mother 76 years. Personally, I have decided to help a person lifewise since my life has no value. I have married a dwarf woman who has been cornered by the good society for years. I have agreed myself to lead an insibid relation with her as situation demanded. She has bone problem her life is short as estimated by doctors and surgeons. I m currently staying at her place because my wife is not accepted by our society (and to avoid her from hearing comments and teases at our place and locality).
In order to provide overburdening medicinal needs of my parents and my wife, I had decided to use One front room of our Ground Floor for Bank ATM. I had talked with Banks and they all agreed. But they need a Dish Antenna to be installed on the common roof of our premises to run the ATM at Ground Floor. My younger uncle had died meanwhile. I emailed my above plan and requested my cousin working in USA to allow us to install a Dish Antenna for the ATM.
He rejected my proposal and emailed me back "DISAPPROVED"
Sir, please let me know Do I have right to install a Dish Antenna for the ATM on the common roof.
Thanks and regards,
Partha Pratim Roychowdhury
