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tarun juneja (proprieter)     06 August 2012

Floor owners 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

 

 

 

 



Learning

 1 Replies

elias (na)     06 August 2012

Sir , we are a coop hsg society in mumbai and we have sined a MOU with a builder  for re development. We are 33 members and two members  having a tarrace flat.The tearrace is exculusivy used by two members and these members have access to that tarrace on the 1st floor.There is no record or documents having paid 1/3 of the value  of the tarrace.

  If the building goes for re development whether these members have a legitimate right to claim that terrace area into in their flat as addidtional area.

 awaiting your reply

thanks.


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