Access to water tanks and car parking
Querist :
Anonymous
(Querist) 22 December 2020
This query is : Resolved
Hi Good Morning. I live in Ghaziabad, U.P. and owns a builder floor (Ground) in a three floor building. I have two queries.
1- Our water tanks are on top of building. 2nf floor owner says he has floor rights and he has constructed an Iron gate after 1st floor stairs which remains always locked. 2ndly he has build a shed on roof with half bricks, iron angle , Glass and plastic sheets. Whenever we have to check our water tank, we need to ask him to open the gate. It is very frustrating to beg for our rights. Many time they are on holidays and we do not have any way to look after our water tanks. Neither he is ready to give a key to us. What should i do in this case.
2- I have a separate Iron gate in front of my floor apart from a common gate for all floor. Usually we two (GF and FF) parked our cars in front of my separate gate but for last 10 years i could not open this gate the iron gate got broken due to corrosion. I built a new iron gate but now i want to use this gate for my day to day usage however, the FF owner not ready to remove his car. He says he also have share on this parking. The 2nd floor owner parks his car outside the colony gate. I tried convincing the FF owner that this is my our personal gate but he is not ready to understand. What should I do? Looking forward for your valuable suggestion.
Regards
TRS
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Rajendra K Goyal
(Expert) 22 December 2020
Reply 1.:
Roof is considered common place, building any shed on common area unilaterally is violation of the common area rules.
Try to have amicable settlement.
If he claims, he has roof rights, refer all related documents in relation to his claim and if possible challenge the claim and such documents.
Discuss in detail with local lawyer. Show him all related documents.
Rajendra K Goyal
(Expert) 22 December 2020
Reply 2.:
Try to have amicable settlement.
If not possible serve legal notice that the car is being parked before your gate, causing hindrance in your movement.
If no action by him, file case for permanent injunction and for temporary relief till final orders.
Querist :
Anonymous
(Querist) 22 December 2020
Sir, Thanks for your feedback.
P. Venu
(Expert) 23 December 2020
The posting suggests lack mutual trust than any real issue. The viable option is mutual understanding in common affairs.
Dr J C Vashista
(Expert) 24 December 2020
I endorse the expert advise of Mr. Rajendra K Goyal and Mr. P Venu.
Opt for amicable settlement.
Rajendra K Goyal
(Expert) 24 December 2020
Expert Dr. J.C. Vashishta ji, thanks for agreeing.
Querist :
Anonymous
(Querist) 03 January 2021
Thanks to all of you for your feedback. Happy New year. I am adjusting in all manners but that is costing me. The gate could not be opened for many years due to which it got corrosion and collapse. I have but make a new gate which cost me thousands of rupees.
Every time we need to go monitor our water tank, need to ask for key. i have requested to share a key with me permanently but he is not ready to do. I can try one more time in coming days.
Regards
TRS
Rajendra K Goyal
(Expert) 03 January 2021
Try to adjust if possible as it may keep mutual relations in good shape.
Yet if the efforts prove to be one sided, may think to move legally.
