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First floor owner not allowing for construction of the second floor
11-Dec-2023 (In Property Law)
My fried is owner of ground floor and roof of first floor with all the relevent documents and the possession of ground floor and roof of ist floor. Now he wants to construct second floor after the construction plan is approved. As his relations with first floor owner are not very cordial, can in any way he can create trouble for my friend?
m sorry your question is not pretty much clear and it is not possible to ans it without talking to you or you can meet me regarding your query ...
any way to some extent i can suggest that you can file case for injunction under specific relief act for that purpose..
any way to some extent i can suggest that you can file case for injunction under specific relief act for that purpose..
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Adv. Shruti Bhardwaj
Delhi | 100+ Answers
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What is the roof right?
Roof Rights: All common installations, such as the water tank or lift machine room, shall be located in the Common Roof.
What is roof construction building?
What is roof construction?
Is roof right legal in Delhi?
Roof is a common area and cannot be used exclusively by any apartment owner. Common roof rights can be obtained through civil lawsuits. Roofs have common rights and land has a 1/3 share for each.
What is the roof rights clause?
The Landlord has the right to use the entire roof or any part of it for any purpose, except as provided otherwise in this Lease. This Lease does NOT grant any rights of light, air or view over the Premises or Building.
It seems that the First floor is jointly owned buy too or there are two owners of the first floor. If the right is clear and undisputed and approval of the competent authority have been granted then any kind oh hindrance can not be sustainable .
Not being in cordial relation with some one surely give an apprehension that he may create troubles and that can be curtailed by taking preventative measures like informing to the police authority as well as to DDA.
Not being in cordial relation with some one surely give an apprehension that he may create troubles and that can be curtailed by taking preventative measures like informing to the police authority as well as to DDA.
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Adv. Vineet Kumar Srivastava
Ghaziabad | 25+ Answers
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As informed, your friend can undergo construction of the second floor, moreso when the construction plan has been approved by the Govt. authorities. Since the title is not under cloud/ or defective, there can be no trouble, however, while undertaking construction it should be kept in mind that there should not been any damage to the property of the first floor owner or such construction should not in any affect the easmenatry rights, living rights of the first floor owner. The first floor owner can create trouble on frivolous grounds, for which your friend can't prevent.
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Adv. Vishal Saxena
Delhi | 25+ Answers
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Yes, he may create problem in doing construction of second floor as he is residing in the same building and having basic rights which are protected under law. He may move to court for stay over the construction of the second floor.
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Adv. Bigul Nanda
Delhi | 100+ Answers
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The owner of first floor can creat trouble and his consent will be important for the peaceful construction of the second floor. for the same an NOC can be obtained cordially so that in future no problem arises
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Adv. Mukesh Choudhary
Delhi | 100+ Answers
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