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Division of charges among tenants
08-Jun-2025 (In Landlord/Tenant Law)
If the roof rights are with one tenant, and there are 4 floors apart from the terrace all the common charges are to be divided 1/4 or 1/5?
As per Indian law, unless the building agreement or society by-laws state otherwise, all units sharing common areas must contribute to common charges. If the roof rights holder has exclusive usage but the roof remains part of the common property, charges should be split equally among all units — in this case, 1/5. If the roof is legally converted into a private unit and excluded from common maintenance, charges can be split 1/4 among the 4 floor units. Typically, roof rights alone do not exempt one from common expenses. It is advisable to check the registered agreement and society rules for clarity.
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Adv. Nidhi Mathur
Delhi | 50+ Answers
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Firstly you need to be more specific about what charges you mean. Having roof rights doesn't exempt you from paying the charges. But here are a lot of factors
1. what's there in the sale deed.
2. Whether there is any other agreement between the owners
and various other factors. It's recommended to provide more details and then only can give you a good advice.
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Adv. Ishan Parashar
Delhi | 200+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.
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