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Balvinder Banga (Manager)     17 June 2012

Related to roof right

Dear All,

I am seeking some help. I am resident of Hari Nagar having a top floor with a roof right. My flat size is around 75 meter sq. My flat was partially constructed & half portion of flat was unconstructed.


Their is a passage to a roof, whose rights have been with me.


Passage to roof goes inside from my home. For the protection of my family. I have installed a door in between stairs case (common stair case entry to my home & roof) which is not objecting anyone's entry to their home.


I have already informed all other house holders , they can utilize roof to access their water tank for maintainance during a day time.

But they have been tresspassing & does a misbehave with my wife. They usually come at odd hours & They always want to remove a door from the stair case.


Can you put some light on this? What legal remedy should I use to retrict their entry & bring some displine.

Balvinder



Learning

 3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     17 June 2012

Dear Mr.Banga, 

1. You can seek police help for tresspass/outraging the modesty of a woman/criminal assault and intimidation. If the police does not register the case - seek the hlep of a lawyer in putting up a 156(3) for orders of registration of FIR and investigation. 

2. You can get a stay for civil injunction - whereby the court would ask them to refrain from impigning in your house and keep themselves confined to the pathway and courtesy that you've extended to them. 

Good Luck !

 

Regards,

 

Adv. Bharat

(Delhi)

GOYAL PRADEEP (advocate)     17 June 2012

MR.BANGA.

A SUGGESTION ONLY.

IS YOURS A DDA FLAT.?

HAS DDA SPECIFICALLY MENTIONED ABOUT THE ROOF RIGHT.HAS DDA CHARGED FOR THE SAME.

PL CHECK THAT IT IS NOT A COMMON TERRACE FOR ALL THE OCCUPANTS.AS IT IS IN MOST OF THE FLATS BUILT BY DDA IN VARIOUS AREAS OF DELHI.

THERE ARE DECISIONS OF THE AUTHORITIES OTHERWISE.IN SOME OTHER COLONIES.YOU MAY SEARCH ON NET.""COMMON TERRACE IN DDA FLATS"".?

RESP.ADVOCATE TO PL EXCUSE ME.FORGIVE IF I AM WRONG.

PRADEEP GOYAL.

Balvinder Banga (Manager)     18 June 2012

Dear Pradeep Sir,

This is not a DDA flat, its is builder made private flats & having a roof rights with me. Terrace is not a common to all also.

Regards,

Balvinder Banga

 

 


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