Roof rights over unconstructed floor of house

vinaykala (Querist) 22 October 2014 This query is : Resolved
dear sir,

my mother willed me the second UNCONSTRUCTED floor of a house at delhi, gf to elder brother and f floor to younger brother.

at that time mcd did not allow more than two and a half stories.

my mother wrote in the will about me , the executor, 'his judgement shall be final on all matters pertaining to the house' while concludeing the 'Immovable prop' part of the Will.

Now that mcd has allowed more floors , I have claimed before delhi high court that second floor upto sky belongs to me.

this is challenged by the brothers.

please advise:-

any case laws in the past that have dealth with such issues wheere roof rights are given but subsequently one can as per bye laws add more floors ?

vinay kala

oct 22,14

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Devajyoti Barman (Expert) 22 October 2014
sORRY, YOU HAVE NO RIGHT FROM 2nd floor to ' sky'.
You have right of 2nd floor only and rest floors would be equally divided among you all.

ajay sethi (Expert) 22 October 2014
terrace forms part of common area . for carrying out additional construction on terrace you need consent of all legal heirs

vinaykala (Querist) 22 October 2014
dear sir,

kindly look into the sentence ' his judgement shall be final on all matters pertaining to the house' as she says ' housing matters are complicated' and she gives this authority of me

Devajyoti Barman (Expert) 22 October 2014
yES BUT THIS JUDGMENT CAN NOT SUPERSEDE THE PROVISION OF LAW OF INHERITANCE. PERSONAL LAW CAN NOT OVERRIDE THE PUBLIC LAW.

Rajendra K Goyal (Expert) 22 October 2014
Since nothing written regarding roof rights, it would be common area.

T. Kalaiselvan, Advocate (Expert) 23 October 2014
Expert Mr.Barman has very rightly observed and opined to your query. The law of the land cannot be superseded by personal laws. Your mother might have desired for many more issues, but whether they are within the law is the question.