Legal Question in Real Estate Law in India

Dispute over use of roof - Part 2

This is in continuation to the earlier question. I really appreciate all the lawyers who replied to my earlier question.

I have quoted the exact point on the agreement (i am sure neighbours have the same point on theirs):

First Party : Builders

Second Party : Me

Point 6) That the first party and the second party assure each other that they and their authorities nominee(s) shall fully co-operate with each other for the common use of stairs from ground floor to terrace. All parties are entitled to use the said stairs as per their respective requirements and the terrace for fixing for TV Antenna, maintenance of Water Tank and other common services.

I had asked too many questions in previous question. So i will be to the point here.

1. Do I have a case if they deny me permission to use the terrace ?

2. As they own the terrace, they have cut off the stairs from second floor to terrace by steel grills and a gate, doesn't that violate the agreement ? I cant use the terrace ig they arent around, what if there is an emergency with my water tank.

3. If I file a civil suit for stay, will the stay also permit me maintenance on the current dish on the roof, i.e. can I take another wire out of the roof ?


Asked on 6/04/09, 2:24 am

5 Answers from Attorneys
KAMAL GROVER

Re: Dispute over use of roof - Part 2

Yes you wil get the stay and also second wire.

Feel Free to Contact at

[email protected]

M: 09814110005

Regional office Chandigarh

We deal cases in the courts all over India.

We strive for your rights.

Good Luck.

Read more
Answered on 6/04/09, 3:24 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Dispute over use of roof - Part 2

Since you may be engaging a counsel to pursue your remedy in the court, it may more appropriate to abide by his advice.

Read more
Answered on 6/04/09, 5:20 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Dispute over use of roof - Part 2

The conducting counsel may be consulted.

Read more
Answered on 6/04/09, 5:21 am
RAMAN KUMAR BHARDWAJ R.K. BHARDWAJ & ASSOCIATES

Re: Dispute over use of roof - Part 2

yes, definitely you will get he stay. consult a local lawyer

Read more
Answered on 6/04/09, 6:07 am
Shrichand Nahar S.V.Nahar, Advocate

Re: Dispute over use of roof - Part 2

1. Yes.

2. It does. Grill and gate could be installed for safety purposes, provided keys of the lock are provided/made available on demand.

3. You need to seek a declaration of your rights with injunction prohibiting restrictions, direct or indirect, on your access and use of terrace for agreed/permitted purposes.

Read more
Answered on 6/04/09, 2:37 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in India