See you have right to access the terrace it cannot be locked all the members have undivided share in the society common area and the terrace is part of the common area you can ask for key where ever you access the terrace if they deny to grant you duplicate key if they fail you can file a consumer complaint against society.
Terrace access
I ve purchased a flat in Ranchi district in Jharkhand state .. No registered rules or laws ve been framed by society members for all .. now society members want to lock the terrace lock forever ... They don't want to grant access to terrace ... I wished access to terrace as I live on fourth floor so asked duplicate keys and was denied ... Nothing has been written on sale deed regarding terrace ... Now what are my legal rights ?? What actions can I take .?
Asked 5 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
15 Answers
They can't deny access to the society. You can file a complaint with registrar against the said society. If not given you can also file criminal complaint of wrongful restraint.
Members should not be denied access to terrace during daytime
society can lock terrace at night time so that there is no misuse of terrace premises
Hello,
If nothing has been mentioned about the terrace in the sale deed then you can not claim absolute right over the same.
However, if the same has not been sold to any other person then the same will be considered as a common area to which all the residents will have the right to access.
Send a legal notice to the society members for gaining the access of the terrace.
Regards
Hi,you can have access to the roof ..It is advisable to file a civil suit for declaration in this regard against the RWA/society
Dear Client,
A terrace or rooftop is a common area of in a residential society which is for the enjoyment and benefit of all its members.
Complain to registrar, still issue not solve, file suit in co operative society court for terrace access. Unblocking of common area.
Eventually in Apartments you have not as right and you cannot plane the keys off the terrace as a right from the resident welfare Association you have only the write an your apartment only.
1.Well, in many housing complex the access to roof is restricted due to safety and security reasons.
2. However there must a valid resolution by the society to be passed in majority in furtherance of the clause in bye laws with regard thereto.
3 If the decision was taken keeping the safety of the flat owners in ind then you may not get such permission to visit the roof as larger public interest is more than important than individual convenience.
All terraces with common entrance irrespective of which floor it belongs to, can be used by all members of the society. As per law open spaces including terrace are meant for the benefit of all the members and so individual can deprive any resident from accessing the common areas such as terrace
Terrace comes under the common area.
What was the reason stated for keeping the terrace under lock and key.
Since the access is denied to everyone you may not be able to fight it alone.
You may have to raise this issue in the next general meeting only and gather like minded people to put pressure on the association by proposing a resolution in this regard.
Dear
- It is an punishable offence under the Fire Act, to keep locked the Terrace door.
- File a complaint application before the local Consumer Court, against the Society, for negligence and deficiency, for disallowing to use the terrace.
- Also you can complaint to registrar against society for denying access to terrace without any sufficient reason.
Respected Sir I have ancestral land , in which stranger to our family has filled partition suit . Rent receipts and mutation is in my ancestors name ... Now on the basis of said partition suit he files petition for obstruction in construction of land to impose section 144 crps in sdo court which is granted by the sdo court . My question is can writ petition be filled in supreme court and high court against sdo court to not impose section 144 crpc on the basis of his partition suit . What are other remedies available On the same land other dispute is that one person has filled title suit for violation of sale agreement and on the basis of this he obstruct construction by bribing police ... What remedies are available legally in this situation ?? Can writ be filled in highcourt
Asked 4 years ago
You have to file appeal against order passed by SDO court
HC would not intervene if you have any alternative remedy available
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do
No you can only challenge the said magistrate order in session court.
No writ petition is maintainable.
If the SDO court has granted stay then you may have to file a petition to vacate the stay .
If your application for vacating the stay has been dismissed then you can prefer an appeal before appellate court.
You have to challenge the partition suit on merits.
The other suit also has to be challenged in merits in the trial proceedings and not by filing a writ petition.