Need to confirm about roof right

Querist : Anonymous (Querist) 12 June 2020 This query is : Resolved
if top floor mentioned in the paper. has the owner implied right of roof or else there should be " top floor with roof" mention in the deed.

Request your to please help me with the scenario.

Thanks in advance !

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Quick Summary

This discussion explores whether owning the top floor automatically grants rights to the roof. Generally, the roof is considered common space in multi-storied buildings and cannot be sold exclusively to one owner, even if mentioned in the deed, as this is often illegal. Specific roof rights must be clearly stated in the sale agreement or conveyance deed, and even then, such claims can be legally challenged.

SHIRISH PAWAR, 7738990900 (Expert) 12 June 2020
Hello,

Generally top roof is common space and builder cannot sale to particular person. Even if he mention in the deed it is illegal. You can verify it with planning department.

Raj Kumar Makkad (Expert) 12 June 2020
Only if specific roof rights have been sold by the builder (though the same is an illegal act), only then such allottee can somehow claim his exclusive right though legally challengeable by all other stake-holders otherwise there is no such claim.

P. Venu (Expert) 13 June 2020
You have not posted the material facts.

Dr J C Vashista (Expert) 13 June 2020
Is it a single storied premises or multi-storied ?
In multi-storied roof rights are specifically mentioned in the agreement to sell / sale/conveyance deed.

Rajendra K Goyal (Expert) 13 June 2020
Generally the ownership of top floor roof is common place under joint ownership.

However, language of particular deed has to be referred.

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