Nalini Nalini 07 May 2023
My father has left me the ground floor in his house in a registered will. My two siblings have been given 1st and 2nd floor. It has lawns in the front and back on the ground floor amd a veranda to park car. The property is in Dlf, gurugram, Harayana, India. Do I have exclusive rights over the lawns and veranda?
T. Kalaiselvan, Advocate (Advocate) 08 May 2023
The lawns and the verandah are considered to be common areas even though it might not be specifically described so in the Will.
Therefore it will not come under you alone exclusively by ignoring the other shareholders living on the floors above you.
They also have rights over the common areas at par with you.
P. Venu (Advocate) 08 May 2023
What are the locally prevailing customs in the locality. To my knowledge, in one such apartment in neibhouring Faridabad (RPS Palms) the occupant is entitled to absolute rights over lawn and verandah whereas the terrrace belongs commonly to the 1st and 2nd floor occupants. However, the parking area is common.
Real Soul.... (LEGAL) 08 May 2023
The Lawn and the veranda will be enjoyed by all jointly .
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