madhav (na) 26 August 2009
My aunt(second wife) possesses an entire ground floor of the inherited property(consists of G+1 floors) from my uncle. First floor house, which has been given to my uncle's first wife's(deceased) daughter as a gift deed. Uncle's daughter has sold it to some other party.
In this case, will my aunt has any right to stop the first floor owner to build one more floor above that. What are the rights & obligations of my aunt in this regards.
Please advise & suggest. Thanks.
Y V Vishweshwar Rao (Advocate ) 26 August 2009
it appears the Gift of First floor is made with Equal Rights in the land under the Building
It is not clear whether there is any condition in the Gift Deed not to further construct in Second Floor or if further construction is undertaken each party is etitled to Sahre equally the construction
Teh Gift Deed in favour of Dauther- terms - to be verified !
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