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Building co-owner adds 3rd floor and says he has additional land share
12-Oct-2023 (In Civil Law)
My property in South Delhi was built with Ground, 1st and 2nd floors. I own ground while 1st and 2nd with roof rights were sold to another entity. The other entity built a 3rd floor without our signatures and now claims they own 3/4th of the building whereas original agreement documents state “right to construct dwelling unit on 1st floor, 2nd floor and above alongwith proportionate undivided indivisible and impartiable freehold ownership rights in land”
Do I own 1/4th of the land or 1/3rd?
Dear Sir/ Ma'am,
The interpretation can't be made on the basis of one clause, need to peruse through the entire agreement, request you to get in touch with us, we will help you out with it.
Wishing you a great day ahead.
Regards,
Shivam Chaudhary
The interpretation can't be made on the basis of one clause, need to peruse through the entire agreement, request you to get in touch with us, we will help you out with it.
Wishing you a great day ahead.
Regards,
Shivam Chaudhary
Helpful?
Adv. Shivam Chaudhary
Delhi | 100+ Answers
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I have seen this trend amongst Builder’s agreemens who enter into conflicting agreements.
The 2nd-floor occupants may have been sold 2nd floor along with roof rights, to what's permissible.
If your agreement is conflicting with those of upper-floor residents then you may seek reparations from the Builder.
The details such as FAR will have to be read to decide the ratio.
The 2nd-floor occupants may have been sold 2nd floor along with roof rights, to what's permissible.
If your agreement is conflicting with those of upper-floor residents then you may seek reparations from the Builder.
The details such as FAR will have to be read to decide the ratio.
Helpful?
Adv. Kunal Sinha
Delhi | 200+ Answers
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Your rights are governed and protected by the registered instrument whereby you acquired ownership. Your land share would remain intact provided it is mentioned in your sale deed. Please check the sale deeds of ground floor as well as 1st and 2nd floor to ascertain if it provides for any right of additional construction.
Please also examine if the additional construction is as per the sanctioned plan.
You may consider filing a civil suit for demolition of the additional construction if it affects any of your rights under the sale deed.
Please also examine if the additional construction is as per the sanctioned plan.
You may consider filing a civil suit for demolition of the additional construction if it affects any of your rights under the sale deed.
Helpful?
Adv. Rahul Kukreja
Delhi | 25+ Answers
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