• Access to terrace for water tank installation

I bought a GF in a 2 storey building in July 2019. Top floor (2nd floor) owner denies me setting up a water tank on terrace. His reason was that the builder while constructing the building (in 1995) has made the provision for water connection for 1st floor resident only and not the GF resident. Also, as per Top floor owner, he has purchased the rights to terrace on "as is where is basis along with construction rights" from the builder and thus we (GF owners) has no rights in setting up a water tank on 3rd floor. Pls advice.
Asked 5 years ago in Property Law
Religion: Hindu

3 answers received in 30 minutes.

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13 Answers

You mean to say builder has not provided water connection for ground floor flat ?

 

2) you ought not to have purchased the flat wherein no water connection was provided to you 

 

3) water is an essential service and it is duty of builder to provide you water connection and common water tank for strorage of water 

 

4) issue legal notice to builder to provide you water connection from storage tank 

 

5) if he fails to do so file complaint against builder before RERA and seek orders to direct to provide you water connection and access to water storage tank 

Ajay Sethi
Advocate, Mumbai
96846 Answers
7813 Consultations

Clean drinking water is a fundamental right of all citizens, ruled the Supreme Court recently. The apex court said that Article 21 of the Constitution guaranteeing right to life also includes the right to clean drinking water. 

Your landlord cannot sell your house for which there is no water connection as per law. You should start by sending a legal notice to asking him to to provide you with a water connection and a place for a storage tank within stipulated time, failing which you would have to file a consumer complaint against him.

Siddharth Jain
Advocate, New Delhi
6374 Answers
102 Consultations

You need to first find the same facts as per Sanctioned plan and also with the builder. Else approach civil court for the terrace access

Prashant Nayak
Advocate, Mumbai
32444 Answers
200 Consultations

If the plan is such that you cannot install a separate tank you need to approach court in that case

Prashant Nayak
Advocate, Mumbai
32444 Answers
200 Consultations

You have been provided water connection and water storage tank 

 

you cannot insist that you ha e access to water tank on third floor too 

Ajay Sethi
Advocate, Mumbai
96846 Answers
7813 Consultations

Hi

Every residential accommodation shall provide basic amenities viz., water, electricity, ingress, egress and common area.

It is your responsibility as a prudent purchaser to check the above.

However, if your basic rights are disturbed, you issue notice to the Builder and request to solve your problem.

In case if he fails, you may have to lodge complaint  with RERA.

 

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

Terrace rights cannot be sold and equally owns by all the owners. Complain to municipality, water is essential need and installation of water tank cannot be denied.

Or you can get order from court.

Yogendra Singh Rajawat
Advocate, Jaipur
22989 Answers
31 Consultations

Dear sir, 

Although it depends whether he has the right to obstruct you to go to the terrace. Consequently, A legal notice can be served on him stating that the right of common passage is being abridged. Therefore, My advice for you is to serve him a legal notice to stop the passage in the common parlance of the floor owner.

You can contact me for serving him a legal notice. 

Regards, 

YUGANSHU SHARMA 

ADVOCATE 

Yuganshu Sharma
Advocate, Delhi
436 Answers
1 Consultation

The builder has no right to sell the terrace. 

you should file a petition in the civil court for injunction against the top floor owner and the builder and claim ownership of the terrace rights.. 

Mohammed Mujeeb
Advocate, Hyderabad
19306 Answers
32 Consultations

- As per law, every terrace or topmost storey of any building shall have a common access for all the inhabitants who are living there.

- A terrace or rooftop is a common area in a residential society which is for the enjoyment and benefit of all its members. 

- Hence, top floor owner cannot stop you in installing water tank on the terrace.

- Further, it was duty of the builder to provide you the said facility , so that you can avail the facility

- You should sent a legal notice to the seller as well as the owner of the third floor for providing you water after installing the same on the terrace of the building.

- If, no response , you can approach the Court for the same .

- Sure, you will grant relief in your favour.

 

Good luck and dont forget to rating Positively.

Mohammed Shahzad
Advocate, Delhi
14447 Answers
221 Consultations

Dear

You need to file a suit against the owner for top floor for mandatory injunction to allow your access for Installation of water tank. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

You may read your sale deed in which, if there is a mention that the terrace is a common area for all the flat owners, then the top floor person cannot claim any exclusive rights over it.

You go through his sale deed as well.

If you dont find any such as he claims then you may issue a legal notice to him for obstructing your usage of the terrace without any semblance of rights or interest and can file a mandatory injunction suit against him for restraining him from interfering in such enjoyment of the common area 

T Kalaiselvan
Advocate, Vellore
87047 Answers
2337 Consultations

If builder has provided space for water tank then you cannot claim space on the terrace .

However you may go through your sale deed to confirm if the terrace is a common area or not and also his sale deed to confirm if he has purchased the terrace rights too.

You can initiate legal action after ascertaining the facts. 

T Kalaiselvan
Advocate, Vellore
87047 Answers
2337 Consultations

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