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Author Topic: Installation of Hoardings on roof  (Read 777 times)

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Offline manoj7193

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Installation of Hoardings on roof
« on: October 31, 2015, 04:20:00 AM »
I owned a Flat in a residential-cum-commercial Apartment.
Point of discussion is:
1.   One of the Terms of Bainanama of the Flat says that the roof of the Building can be used for Mobile tower, Hoarding etc. by the Builder.
2.   But the DEED do not contain the same and the clauses are justified and acceptable.
3.     The builder now denied our (owners of the flats) access to the front half portion of the roof where he intends to install Hoardings.
Now I want to know is the clause in the Bainanama is binding on us together with the clauses in Deed? Whether he can deny our access to the roof? Please guide me.

Offline adv.amarnath

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Re: Installation of Hoardings on roof
« Reply #1 on: October 31, 2015, 02:39:15 PM »
Promoter has no rights once he has sell out the entire flat. In this situation you along with other flat owner should file a suit for Declaration and Permanent Injunction against the promoter.
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Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

Offline manoj7193

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Re: Installation of Hoardings on roof
« Reply #2 on: November 01, 2015, 08:40:29 AM »
Thank you Sir.

Offline advkkreddy

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Re: Installation of Hoardings on roof
« Reply #3 on: November 03, 2015, 10:17:53 PM »
If the hoarding is installed in a place which does not come under any of the flat owners space than the owner of the land in which place the flats are built has the right to put up his hoardings.
And you cannot do anything about it.
Champion in law of Torts in India

Offline adv.amarnath

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Re: Installation of Hoardings on roof
« Reply #4 on: November 03, 2015, 10:24:26 PM »
Hoarding cannot be stalled in the side wall of the multi-storied building. It has to be stalled above the roof and as per building rules ROOF falls under common areas and facilities. Further all the flat owners are now owner of proportionate share of land where the building is standing. It must be written in Schedule - B of the Sale Deed. There is no scope of landlord to claim the roof. Landlord is just a owner in respect of his allocation.

***Even it is written in the Sale Deed or Agreement for Sale that the promoter/ landlord are the owner of the roof, then also it is illegal in the eye of law. This rights can be enforce by civil court once it is denied either of them.
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Amarnath Sanyal
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Email - adv.amarnath.sanyal@gmail.com
Mob - 09830303322

 

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