Terrace rights
Rajeev K
(Querist) 18 May 2012
This query is : Resolved
Sirs,
I purchased a property in GK 2 in 2005 on top floor (barsati) with my house constructed on rear portion whilst front portion is only a terrace.
Since we did not occupy the house till recently the terrace was open to use by all other flat owners in the building. Even the flat owner in the basement sends his servants to the terrace even though the building has SQ and toilets in the basement.
I do not want to stop the usage of the terrace for normal use by other occupants but I have security concerns if the gentleman from the basement continues to send his male servants / drivers to terrace whilst the toilets are in the basement.
Over the period of my absence the owner of the flat in the basement has occupied a shed of 2mtrs x 2mtrs on the terrace (built by the builder to store cement) and this is being used as a kitchen by his drivers and other male servants.
The flat owner in the basement claims it as his property even though his original sale deed (I have a copy)does not mention anything about it.
My query is how to stop this person from sending his male servants to the terrace. As my family stays right opposite I have a safety concern. Can I claim the terrace as my easementary rights and stop him?
Look forward to your advice.
Adv.R.P.Chugh
(Expert) 18 May 2012
Dear Mr.Rajeev,
It's really hard to comment without looking at your title documents, to know their extent and implications. It would be apposite to see how the sale deed deals with barsati portion (i.e constructed portion of the 2nd floor) and the terrace.
If the basement owners sale deed is silent about the terrace then he has no right for it to be used by him in any manner. Your claim for peaceful occupation, and the terrace being inextricable part of your possession (also as an easment of necessity) stands more stronger, and subject to a perusal of your title deeds, an injunction can be filed to restrain them from using a part of it for their staff.
Feel free to talk !
Regards,
Bharat
Advocate
Shonee Kapoor
(Expert) 19 May 2012
What did the document say about the same?
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Rajeev K
(Querist) 19 May 2012
Sirs,
All the original sale deeds are silent on the issue of the terrace.
