Batman Singh (Na) 02 July 2021

Construction on open terrace

Reasking as facts were not clear to respected lawyers here. I inherited whole Independent House from my mother through her will. My mother had inherited this through my father through his will. House was acquired by father through his own money. Later I gifted certain constructed portion on second floor mentioning only about constructed portion and nothing about open terrace on second floor. Currently from this Open terrace we have iron staircase which I want to change to proper staircase but my brother to whom I gifted is not allowing this. My concern is this open terrace is not mentioned in gift deed so how this place will belong to him and how can he stop me from constructing staircase. Moreover no parking right was mentioned by gift deed, still he parks vehicles inside the house.

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5 Replies

Dr J C Vashista (Advocate) 02 July 2021

Show the document of "Gift Deed" to a local prudent lawyer for analyzing the facts and professional advise.

G.L.N. Prasad (Retired employee.) 02 July 2021

In your past queries, guidance was given that the gift deed is for a specific portion as stated in the schedule. i.e.building and not vacant or other construction like staircase etc. As suggested by Dr.J.C.Vasishta, if you are not convinced, instead of posting the query once again, contact a local advocate as he is the person to ultimately deal with the case. First, get approvals and commence construction, if the donee objects, seek police protection.

Kishor Mehta (CEO) 02 July 2021

The terms, coditions and covenants of the gift deed will play a major role in the decision to the ownership of the terrace space.

P. Venu (Advocate) 02 July 2021

You are repeating the same query again and again, in spite of the unequivocal legal position that the terrace constitutes common area and you have no exclusive claim to use or develop the common area.

T. Kalaiselvan, Advocate (Advocate) 06 July 2021

As far as the donee of the gift is concerned, his rights are restricted to the covenants mentioned in the registered gift deed alone. He cannot claim any other benefits to which he is not entitled or which have not been prescribed in the gift deed.

If he is still creating problem, you can file a suit for bare injunction or mandatory injunction to restrain him from interfering in your possession and enjoyment of the property including the proposed construction activities and n application for an ad interim injunction on the same line to restrain him till the disposal of the main suit.