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Can builders give exclusive roof rights to top floor owners
24-Jun-2023 (In Consumer Court Law)
I am in Palam area ,new Delhi .Recently the top floor owners are making porta cabin another owner made pacca one one set room at the terrace saying that they have exclusive roof right. Is it possible? Can we lodge complaint at consumers forum? what is supreme court judgments on roof rights?
All depends on the sale deed. If the builder who has executed the sale deed. If in the same deed he has given the exclusive roof rights to the top floor owner then his right is there. However, if he is constructing something which my hinder your peaceful possession and peaceful enjoyment of your property then you can definitely approach the court of law or appropriate forum.
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Adv. Yuganshu Sharma
Delhi | 400+ Answers
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Yes , It is possible if they have exclusive right over the same amd you cant do anything if that doesnot violate your easementary right.
You should check your Registered deed , i am sure you will get something from it regarding terrace.
No , you can not approach consumer forum against them since you are not their consumer.
However you can file a complaint in RERA against the builder , since it is more appropriate.
You should check your Registered deed , i am sure you will get something from it regarding terrace.
No , you can not approach consumer forum against them since you are not their consumer.
However you can file a complaint in RERA against the builder , since it is more appropriate.
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Adv. Shivam Sharma
Delhi | 100+ Answers
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you will need to file a complaint before the district magistrate to immediately stop the construction first. then depending on whether the top floor owner is the builder, you may oray not file a consumer complaint.
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Adv. Kawaljit Singh Bhatia
Delhi | 400+ Answers
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