Right of roof to the landlord
joydeep chatterjee
(Querist) 02 December 2011
This query is : Resolved
sir,
I reside in kolkata.I have a two storied building of which I am selling the entire ground floor.As per my knowledge,that buyer can use the roof for common purpose such as maintenance of water tank,water pipes etc, but I will be having the sole right on the roof including new construction in future.But ,yesterday lawyer from buyer's side told me that as I am selling the ground floor, I won't be having sole right on the roof after the sell and both (me & buyer) of us will be having proportionate right on the roof.I want to know which one is correct in this present context?after sell will I loose my right on roof or I will have sole right on roof for construction?
Urgent help is needed?Thanks in advance.
M/s. Y-not legal services
(Expert) 02 December 2011
have to go through your terms and conditions in your sale deed.,
you or buyer both you can not act beyond the deed which is accepted by you.,
Sailesh Kumar Shah
(Expert) 02 December 2011
Draft sale deed with your lawyer as per your need.
Raj Kumar Makkad
(Expert) 03 December 2011
It depends upon the written agreement and registered sale-deed executed between you.
prabhakar singh
(Expert) 03 December 2011
I am not from WB but hopefully law would be subject to covenants of the deed agreed between parties where it can be provided that whenever vendor shall construct any other floor the roof right to use for maintenance for water etc.of the buyer shall automatically shift to open roof available at then with others but the buyer of the ground floor except this right shall not have any right to interfere in the right of construction over the floors by the vendor.
