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Mumbai : Understanding legality of terrace flat ownership and waterproofing issues

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Mumbai : Understanding legality of terrace flat ownership and waterproofing issues

Last updated: June 4 2020
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  • Mumbai : Understanding legality of terrace flat ownership and waterproofing issues

    We own a road-facing commercial shop in Andheri, Mumbai. Above our premises, there is a privately owned terrace flat. We have been facing leakage issues for a couple of years and got some civil and waterproofing work done 3 years earlier at our expense on the flat owner’s terrace. However, the flat owner gave us permission to do the same with extreme difficulty and after months of letter-writing to both society and the flat owner. The leakage issue has reduced but still not been entirely resolved. We now want to put a tarpaulin on the railing and parapet wall of the terrace and not any usable space of his terrace. However, the owner is not giving us permission. I wanted to understand

    if the society is obligated to help us out by insisting that the owner cooperate.
    Is the terrace legally allowed to be owned by the flat resident or does it belong to the building?
    the owner has a shed with polycarbonate sheets and metal framework on half of his terrace, which does not cover our premises. Is this legally allowed after the rains?
    Is there any website where I can read these rules and regulations with respect to the society byelaws.
    The owner is extremely non-cooperative and the leakage damage affects our sales directly during the monsoons.
    Thank you in advance for all your help.
    Regards,
    Shriya
    Last edited June 4 2020, 12:54 PM.
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