Issue of roof rights
Yogesh
(Querist) 24 May 2014
This query is : Resolved
Please suggest me the law
In a buider constructed 3 floor building all water tanks are placed on roof.There is no question of privacy leakge of 3rd floor owners sincr Roof has seperate way in a building. Now, 3rd floor owners want to lock the roof gates. They are saying that they have roof rights and other building people can not retain a copy of key with themself and they have to ask for a key from 3rd floor owner each time for visiting water tank.
Whether the 3rd floor owner can legally put this condition on others ?
Dr J C Vashista
(Expert) 25 May 2014
Does the owner of third floor enjoy roof rights of the premises?
If yes, he is right otherwise No.
P. Venu
(Expert) 25 May 2014
Such rights are unknown to law.
Sankaranarayanan
(Expert) 25 May 2014
absolutely agreed with Mr venu if flats then all owner have equal right to use the common area
ajay sethi
(Expert) 25 May 2014
no terrace forms part of common area .no member has exclusive rights on terrace
Biswanath Roy
(Expert) 25 May 2014
Roof is for common usage of all the flat owners and none can prevent others to use it by locking up the door of the roof.
Rajendra K Goyal
(Expert) 25 May 2014
Terrace forms part of common area, no flat owner can claim absolute right on it. key should be with the society or as agreed upon.
T. Kalaiselvan, Advocate
(Expert) 26 May 2014
As opined by experts the terrace is a common area and can be uutilised by all flat owners in the compound, if the 3rd floor or top floor owner is restricting others entry, it is illegal, settle the issue by talking to him orally, if he is not agreeing or accepting or acceding to the request, legal action can be the next option. Consult a local lawyer and get his advise based on the circumstance of the case.
Yogesh
(Querist) 17 June 2014
Thank u so much experts.
