Construction of third floor on roof rights
anurag
(Querist) 26 September 2012
This query is : Resolved
Dear Sir/mam,
I have roof rights of the second floor roof in new delhi,now third floor construction has been allowed.
But the owner of ground floor and second floor are not allowing me to construct, they say that originally the construction has been done for three floors only, the building may collapse etc. etc
And they themselves came to me to buy the property at a cheaper price..When i go to the authority for plan sanction,they say plan is sanctioned for the whole building and for that noc of the other co-owners is required...How should i go about it?Is there any way that I can construct my floor?
ajay sethi
(Expert) 27 September 2012
obtain astructural engineer certifcate .whether it can bear additional load? satisfy them that fear is without any basis . offer them compensation . they will give NOC
anurag
(Querist) 27 September 2012
But Sir as i told u they themselves came to me to buy this property at a very cheap rate,so fear of structural safety is not in their minds..And what if they are not willing to give noc's due to the greed of benifiting in terms of whole property rather than a comparitively small amout of money..??What should i do in that case Sir?
V R SHROFF
(Expert) 27 September 2012
I agree with Shri Ajay Sethi's advise.
M V Gupta
(Expert) 27 September 2012
u have to do some investigation. Check from the Sale deeds obtained by the other co owners whether there are any conditions to the effect that they do not have any rights over the terrace and that they cannot object to additional structures to be erected on the terrace at a future date. If such conditions are incorporated in the sale deeds, then u can convince the MC that their NOC is not necessary. U should also obtain a structural engineers certificate that the present structure can take the load of the additional construction proposed b by u.
anurag
(Querist) 27 September 2012
Sir, as per the GPA we were the owner of second floor with roof rights .So when we sold off our second floor without roof rights we incorporated in the sale deed that he will not object to any future construction done on the terrace.As far as other co-owners are concerned(grnd and first),although they dont have any rights over the roof,but my chacha,taaya sold off their respective floors without incorporating such thing as roof was not their concern...plz help.
ajay sethi
(Expert) 27 September 2012
contact a local lawyer .we have already advised you . since ground and first floor have been solf with out any such clause they will create problems . obatin their NOc . in any case if it endangers safety of structure they are bound to object
prabhakar singh
(Expert) 29 September 2012
Only going through papers can summarize what is the way to proceed otherwise you have been correctly guided by Mr. Sethi and Mr.Gupta.
