Intellectual Property Rights: Practice and Drafting by Adv Gautam Matani. Register Now!
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N Omprakash   11 August 2023

House property

I have an independent house ground and first floor. My son would like to construct third floor by obtaining house building. How to go about, is there a way to give terrace rights like. Kindly suggest.
Thank you.


 6 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     11 August 2023

He must obtain building permission from local authorities like municipality. For construction of any residential or commercial building or property within the limits of the urban local bodies, the citizen has to approach the Town planning section of the respective ULB, which issues permission for construction of buildings based on specific set of rules and regulations.

N Omprakash   11 August 2023

Yes, sir. I agree for obtaining necessary building permissions. I am looking for an answer as to what are the property rights of the son, in the house or terrace on which another floor is built. This is an independent house.

P. Venu (Advocate)     11 August 2023

Having constructed the portion, he has right vested in that much of property.

T. Kalaiselvan, Advocate (Advocate)     12 August 2023

As a owner of the house you may have to transfer the rights over the current floor to your son by executing a conveyance deed duly registered and in that you can eithr grant him terrace rights or restrict him to the proposed construction floor alone.

In the conveyance deed which will be in the form of gift deed, you can allot him the rights over the common areas namely the staircase, lifts, if any, pathway access to road from his floor of building etc.

Dr. J C Vashista (Advocate and Legal Consultant)     12 August 2023

Your query is qua transfer of title or maintain your son as licencee ?

Whether the house property is ancestral or your self-acquired as different law govern the subjects?

N Omprakash   12 August 2023

sir, property is self acquired by father, son wants to construct on second floor. How to give him the second floor terrace rights or gift.
Thank you

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