I had purchase second floor with roof rights in 2007 from a builder. Two separate sale deeds were made, one for the Second floor and one for the roof. The building was constructed on the basis of a collaboration agreement between the builder and the original plot owner in south delhi.
I was also handed over the possession letter separately with the Terrace sale deed declaring the I am the absolute owner of the terrace with rights to construct on the terrace i.e third floor.
In the collaboration agreement that took place in 2005 (between the builder and the original plot owner) it is mentioned that he shall be provided 100 sq ft servant quarter on the terrace.
The builder sold the first floor in 2008. And I further sold the second floor in 2011.
The building was constructed in 2007. In the sale deed of First Floor it says that they are allowed to visit the terrace for water tank and tv antenna checking during reasonable hours. The second floor sale deed does not mention any such clause in their sale deed.
In the sale deed of the terrace the builder has given me rights to construct the third floor except in 100 sqft that would be left for servant quarters on the terrace of the third floor, if and when I construct the 3rd floor.
As on date the 100 sq ft area on the terrace is a servant quarter. This servant quarter is not in possession of the ground floor owner (also the original owner of the plot) but being used by the first floor owner with permission from the ground floor owner.
Currently the terrace has no gate and entry and exit is free for all. I am not the resident in that building but want to sell off the terrace rights, however i am unable to do so as the roof is not currently gated hence not in my absolute possession.
I am fully aware of the fact that access to to the residents of the Ground, First, second floor can not be locked. However I am also aware the they do not have free right to visit or use the roof as it clearly says so in their sale deeds.
My questions are as follows:
1) What are common services in the building?? Does that include terrace??
2) Can I put a gate on the main entry of the terrace BUT i dont intend to lock it! Would installing a gate sufficient enough to prove ownership znd possession?
3)Am I legally allowed to put an gate on the terrace
please respond.
