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What is supreme court judgments on roof rights?


04-Jul-2024 (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? Can builders give exclusive roof rights to top floor owners?
Answers (5)

Answer #1
101 votes

In India, roof rights-especially in builder floors and apartment complexes are generally considered part of the common areas, which means all flat owners have shared access and usage rights unless otherwise clearly stated in legal documents. According to property laws and rulings by courts, a builder or developer cannot legally sell exclusive roof rights unless such rights are specifically mentioned in the registered sale deed or approved building plans.

In places like Delhi, it is common for builders to offer exclusive roof rights to the top-floor owner, but this is not automatically legal. For it to be valid, the sale deed must clearly define this exclusivity, and the layout or housing society by-laws must not contradict it. Even if the builder promises roof rights, they are not enforceable unless properly documented and registered.

So, unless there's explicit legal provision, the roof remains a common area, and no single owner can claim it exclusively.

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Advocate Chikirsha Mohanty

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Answer #2
660 votes
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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Advocate Kawaljit Singh Bhatia

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Answer #3
574 votes
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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Advocate Yuganshu Sharma

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Answer #4
987 votes
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.
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Advocate Shivam Sharma

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Answer #5
930 votes
If in your agreement the conditions are writing then you have to check and also collect all the evidence related which is in your favour if you go to the court and also take legal action and take all legal proceedings to us
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Advocate Rinki

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Sudheer
We have top floor in Delhi with a roof right can we construct a room on rooftop

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