Legal Question in Real Estate Law in India

Dispute over Use of Roof

I live in a first floor builder flat. My house's second floor and roof are owned by my neighbours with whom my family is not in good talking terms.

According to our flat sale agreement we are allowed to place antennas and water tanks on top of the roof. But yesterday, they came to my house and asked me to get the Tata Sky dish antenna removed and get it placed in my balcony. Although they werent forceful, but they were very rude. Even if I have to check my water tank, they behave rudely with my family.

My question is that this move of antenna will cause me monetary loss, plus will probably spoil the aesthetics of my house. Plus since I have a right to place the antenna on the roof, can they demand from me to remove the antenna legally ?

Ofcourse I will talk politely and explain I have a right to place the antenna there, but what after that, what legal recourse do i have ? Should I send a notice ? I also want to take another wire out from the same dish, can my neighbours prevent me from doing that ? , if so what recourse do i have ? Can i call the police directly if they dont let me use the roof ?

I live in New Delhi


Asked on 6/03/09, 5:19 am

3 Answers from Attorneys

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Dispute over Use of Roof

You may call the police if you find it difficult to handle the situation; you may also file a civil suit in the local courts, if so required.

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Answered on 6/03/09, 7:22 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Dispute over Use of Roof

report the matter to the police and file a civil suit for permanent injunction(Stay) in the local court

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Answered on 6/03/09, 11:23 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Dispute over Use of Roof

For so many questions connected with each other arising from one issue, kindly consult your lawyer with all the documents for proper advice.

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Answered on 6/04/09, 1:25 am


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