tarun juneja (proprieter) 17 August 2012

Floor owner with roof right

dear sir

my query is that i am owner of second floor with roof right in delhi.i purchased this floor from builder in 2004.this floor is made on free hold residential plot in delhi.

my query is i am owner of second floor with roof right can i make third floor on the roof.in my sale deed its write

"ENTIRE SECOND FLOOR DULY FITTED WITH WATER AND ELECTRICITY CONNECTION WITH ROOF RIGHT WITH ALL ITS PROPORTIONATELY RIGHT IN THE LAND THERE UNDER"

IN DELHI IF YOU GO TO MCD FOR SANCTION OF PLAN THEY SAYS TAKE NOC FROM GROUND AND FIRST FLOOR OWNERS THEN AFTER THEY WILL ENTERTAIN MY CASE.

IF I GO TO LOWER OWNERS THEY SAY IF YOU MAKE THIRD FLOOR WE LOOSE OUR PROPORTIONATELY RIGHT IN THE LAND. (EARLIES IT IS 33% EACH OWNER) AFTER MAKE THIRD FLOOR IT WILL BECOME (25%TO EACH OWNER) I TOLD THEME THAT MY ROOF HAS ALSO RIGHT IN THE LAND BUT THEY SAY NO.

PLS CLEAR ME IN THIS MATTER. IF I MAKE IT WILL CHANGE THEIR RIGHT IN THE LAND OR NOT.

THANKS

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1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 ) 17 August 2012

In my opinion, you have a better chance of having a 4th floor either by getting into an agreement at the first place with 1st and 3rd floor owners or by selling roof rights. Legally, it is yours and the other two floor owners would not benefit much if they don't let the re-construction happen. Worse, come to worse, settle with them by giving little money but be careful in this step too as they can start demanding more once they know that you could give money for the 4th floor. I like the idea of selling roof rights separately too but you need to consult a lawyer for it.