sunil 21 February 2016

Can building owner rent my terrace to vodaphone

Hello Learned Friends, I live in a 3 storied building and dont have access to my roof. My building owner in a multicomplex has taken from me all my roof rights by inserting a para in my sale deed. However I feel under the apartment act that the roof right falls under my maintenance as my flat is just below the terrace? Should the building owner collect rent for renting the space to vodaphone tower?

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saravanan s (legal advisor) 21 February 2016

The free acess to the roof first of all must be given to all owners of the flat.refer to stephen courts case.on the other hand some builders retain their right over the terrace if they have provision to build one more floor or to erect mobile tower etc.in your case also for the same reason such clause is mentioned in the sale deed and based on that you wont have rights over the terrace