Terrace Rights
Querist :
Anonymous
(Querist) 11 May 2010
This query is : Resolved
Sir Kindly help,
We have a joint property in delhi area in the name of four brothers who are equal share holder of the property ,we intend to reconstruct the house into four floors ground,1st,2nd,3rd and terrace. each brother is contributing according to the floor he occupies .
I want to know approximately what is the difference between all floors valuation.
And my second major concern is over terrace Rights
1.I want to know Does terrace rights belong to the the 3rd floor holder automatically or it needs special mention in the deed
2.Does terrace rights make the difference in valuation of 3rd floor if so by how much and how terrace rights effect valuation of each floor.
3.if terrace rights remain comman and if person holding 3rd floor wants to sell will it effect the value of 3rd floor and if yes by how much .
4. If 4th floor construction is not allowed can any one build or construct a room or so if he holds terrace right .
5. What should be an ideal and fair way of distributing terrace rights in this situation.
Kind regards
A V Vishal
(Expert) 12 May 2010
Your problem will be solved if you agree for common terrace rights and it will be fair for all the 4 brothers.
Querist :
Anonymous
(Querist) 12 May 2010
sir kindly elaborate on each question that will bring clarity to me
Ashok Yadav
(Expert) 12 May 2010
Q1. If in the deed nothing has mentioned about occupation of terrace, it shall be deemed, that terrace is common for all. For exclusive right of th ethisd floor holder on terrace it should mentioned specifically in deed.
Q2. Yes terrace rights make the difference in valuation of 3rd floor.
Q3. If terrace remains common, in this situation the holder of third floor can't sell the terrace right.
Q4. No he cant do it legally, but many persons are doing this illegally, who is their to stop them. But if the terrace is common then no one can contruct.
Querist :
Anonymous
(Querist) 12 May 2010
sir if terrace rights are not comman does it effect valuation of other floors also if so by what percent approx.
and does value of 3rd floor effected with good margin (if without terrace) in comparison to other floors valuation
and one more thing can i fill RTI form and get all information regarding it if so where or whom should i approach for form and submission
